Township of Cumberland, PA Part 4 DESIGN STANDARDS

§ 22-401 Application of Standards.

[Ord. 07-117, 11/13/2007, § 401]

The following standards shall be applied by the Township and its staff in evaluating plans submitted for review and/or approval. It is intended that these standards be considered the minimum requirements and may be modified as necessary to protect the health, safety, and general welfare of the public. All plans submitted for approval under this chapter shall incorporate these standards.

§ 22-402 General Site Standards.

[Ord. 07-117, 11/13/2007, § 402]

1. The following requirements and guiding principles for subdivisions and land developments shall be observed with respect to the factors affecting the suitability of the site for such development.

A. The land development plan and guiding principles for subdivision and land developments shall be observed with respect to factors affecting the suitability of the site for such development.

B. A land development must be coordinated with existing land development in the neighborhood so the entire area may be developed harmoniously.

C. Land proposed for land development shall not be developed or changed by grading, excavating, or by the removal or destruction of the natural topsoil, trees, or other vegetative cover unless provisions for minimizing erosion and sedimentation are provided as required by the Pennsylvania Department of Environmental Protection and the Adams County Conservation District. The developer is responsible for obtaining approval and/or permits from one or both of these agencies as required.

D. In a development where the average slope exceeds 15%, the Township may require modifications to those regulations as may be recommended by the County Conservation District or the Township Engineer.

E. In all developments, every precaution shall be taken to preserve all natural and historic features determined to be worthy of preservation by the Township. Examples of such features would include, but not be limited to, wetlands, floodplains, large trees and stands of trees, watercourses, historic areas and structures, scenic view, etc. To ensure the protection of such features, the Township may require the following additional information to be submitted.

(1) A grading plan showing the existing and proposed ground elevations relative to the features.

(2) The accurate location of the features to be protected.

(3) An explanation of the precautions to be taken by the developer to protect such features.

F. Any plans for the alteration of a watercourse shall be incorporated into the design plans and subject to approval by the Township, or where necessary, the U.S. Army Corps of Engineers, and/or Pennsylvania Department of Environmental Protection.

G. Land subject to hazards of life, health, or property as may arise from fire, floods, disease, excessive noise, odor, falling aircraft, or considered uninhabitable for other reasons may not be developed unless the hazards have been removed or the plans show adequate safeguards against them.

H. Except for a privately developed water body, developments adjacent to a river, stream, or other significant body of water shall adhere to the following standards.

(1) No building may be located within 60 horizontal feet of the edge of any watercourse or have a first floor elevation less than three feet above the ordinary high water level of the watercourse.

(2) Public access points shall be provided to the water body at an interval of not less than one point in every 1/2 mile along the shoreline.

(3) No building or street may be erected in any area which is subject to flooding or which has been designated as floodplain area unless it is in strict compliance with related Township ordinances and regulations.

I. Where the lots in a subdivision are large enough for re-subdivision or where a portion of the tract is not developed, suitable access to these areas shall be provided.

J. In all instances when planning for development, it should be considered if a future access should be provided to other lands for the purpose of streets, utilities, or other facilities.

§ 22-403 Street and Highway Standards.

[Ord. 07-117, 11/13/2007, § 403]

1. General Standards. All streets proposed to be constructed within the Township shall conform to the following general design requirements.

A. Streets shall be logically related to topography so as to produce reasonable grades, satisfactory drainage and suitable building sites. Finished elevation of proposed streets shall not be more than one foot below the regulatory flood elevation. The Township may require profiles and elevations to ensure compliance. Also, drainage structure openings shall be sufficient to discharge flood flows without duly increasing flood elevations or creating a backwater situation onto adjacent properties.

B. Proposed streets, including functional classification shall be planned with regard to the existing street system, topographical conditions, public convenience in terms of fire protection and pedestrian traffic, probable volumes of traffic, existing and proposed use of land on abutting properties and future extensions of the street system. Functional classification shall be as indicated in the Cumberland Township Comprehensive Plan or as recommended by the Township Engineer and/or Traffic Engineer.

C. When a subdivision abuts or contains an existing or proposed primary or secondary highway, the Township may require a marginal access street, reverse frontage, reduction of the number of intersections and/or separation of local from through traffic or other treatment which will provide protection for abutting properties.

D. No street shall terminate into a dead end. Any street dead ended for access to adjoining property or because of authorized staged construction shall be constructed in such a manner so as to provide a length which complies with the standards for cul-de-sac streets and shall be provided with a temporary paved turnaround and the use of such a turnaround shall be guaranteed to the public until such time as the street is continued. For streets in which the maximum length of a cul-de-sac will be exceeded due to proposed phasing limits of a development, in addition to a temporary cul-de-sac, the Township may require that additional length of street as necessary to connect to other existing street or accesses be financially secured.

E. New private streets are prohibited unless the Board of Supervisors shall determine that the use of such private streets or rights-of-way is consistent with this chapter. In approving private streets or rights-of-way, the Township may attach additional standards and/or conditions relating to design and/or construction. The use of private streets will not be allowed when its use is to circumvent the specifications required for public streets. In the case where private streets shall be permitted a bona fide association shall be created which shall be responsible for ownership and maintenance of the private street and a copy of such association by laws should be reviewed by the Township and be recorded with the final plan. Private streets shall be designed and constructed to meet the requirements of this chapter.

In the event a street which is open for public travel but will not be offered for dedication to the Township is to be allowed, in addition to complying with all Township design and construction standards for public streets, the developer will be required to submit for approval and record with the approved final plan, an agreement outlining the responsibilities for perpetual maintenance of the street which also shall release the Township of any liability regarding maintenance and acceptance of dedication. In addition, the Township shall reserve the right to require improvement bonding, surety, and inspection in accordance with the procedures of this chapter.

F. The proposed street system shall extend existing or recorded streets at the same width or at widths required by this chapter as determined by the Township, but in no case at less than the required minimum width.

G. The Township shall reserve the right to require alternate design standards relative to cartway, horizontal and vertical curves, and intersections where it is determined to be necessary to eliminate a potential safety hazard. Alternate design standards shall be as recommended by the Township Engineer in accordance with PennDOT and AASHTO Standards.

H. Where required, in response to safety considerations, and upon consultation with the Township Traffic Engineer, access to developments shall be either be limited to single or required to have multiple accesses.

I. Where a proposed subdivision or land development is provided access by a single street, the Township may require a boulevard style meeting the design/construction standards contained in this chapter or as recommended by the Township Engineer.

J. Unless otherwise allowed by the Township, site access for all developments shall be analyzed in conjunction with a traffic study or site access study and recommendations from the Township Traffic Engineer, and where recommended, shall be provided with more than one means of access.

K. Applicants for a subdivision or land development abutting a state route shall be responsible for obtaining approval of any proposed improvements, and for obtaining a Pennsylvania Department of Transportation highway occupancy permit.

L. If a proposed development utilizes an existing driveway and if the development proposes a change in use which may impact driveway regulations, a determination must be made to conclude if the preexisting driveway will require modifications. Any necessary modifications must be consistent with the regulations of this chapter.

M. Prior to final plan approval, applicants shall certify that title to any street right-of-way is unencumbered by any liens or other obligations and that no prior right-of-way has been granted. The Township may require a title search.

2. Street Widths.

A. Minimum street right-of-way and cartway widths shall be as follows:

	Road Classification	Required Right-of-way (feet)	Total Cartway Width (feet)*	Designated Parking Lanes
	Arterial/ Collector	Criteria to be as determined by Township with minimum sixty-foot required right-of-way, forty-foot cartway width and no parking lanes
	Neighborhood Collector	60'	28'	None
	Minor	50'	24'	None
	Neighborhood	50'	30'	One Side
	Street	50'	34'	Two Side
	Alley	20'	12'	None

	Note: Refer to Exhibits for typical roadway details
	*	Final width to be a recommended by the Township Engineer and/or Traffic Engineer.

B. Provision for additional street width or shoulder (right-of-way, cartway, or both) may be required when determined to be necessary by the Township to facilitate for aspects such as:

(1) Public safety and convenience.

(2) Traffic in commercial and industrial areas and in areas of high density.

(3) Widening of existing street where the width or alignment does not meet the requirements of the preceding paragraphs.

(4) Where topographic conditions require excessive cuts and fills.

(5) When curbs will not be required.

(6) To accommodate on-street parking.

(7) Where a boulevard access is proposed or required.

C. In the case of a plan for a subdivision or land development fronting on an existing public street of improper right-of-way and/or cartway width, the developer shall provide the following:

(1) Any required dedication of land for increasing the existing right-of-way to meet the requirements of this chapter. The right-of-way must be centered from the center line of the existing road.

(2) Improvements of roadway to meet cartway, curb, sidewalk, gutters or other standards of this chapter. In lieu of making such improvements, the Township may at its discretion allow the developer to submit a fee to cover the cost of any improvements that are necessary to improve the existing roadway standards. The fee shall be based on an estimate as recommend by the Township Engineer.

3. Street Grades. The grades of streets shall not be less than the minimum or more than the maximum requirements listed below:

	Types of Streets	Minimum Grade	Maximum Grade
	Arterial streets	As determined by the Township after consultation with the Pennsylvania Department of Transportation.
	Collector streets	1.0%	7.0%
	Minor streets and alleys	1.0%	10.0%
	Intersections	1.0%	4.0% (for 100' from intersection)

A. In all differential grades exceeding 1%, vertical curves shall be used in changes of grade and shall be designated for proper sight distance.

B. On permission of the Township, minor street grade under special topographic conditions may exceed 10% for distances of 100 feet or less provided the grade does not in any case exceed 12%.

C. Standards for minimum and maximum grade refer to both positive and negative grades.

D. All streets shall be designed so as to provide for the discharge of surface water from the right-of-way. The slope of the crown on a street shall not be less than 1/4 of an inch per foot and not more than 3/8 of an inch per foot, as determined by the Township Engineer. Where a curve is banked to reduce lateral vehicular acceleration as required by the design speed of the road, the required crown is eliminated. Adequate facilities shall be provided at all low points along the street and other points necessary to intercept runoff.

4. Horizontal Curves.

A. Where connecting street lines deflect from each other at any point the line must be connected with a true circular curve. Horizontal curves must be justified by a traffic engineering analysis and shall be based on a correlating maximum proposed speed limit. The minimum radius of the center line for the curve must be as follows:

	Type of Street	Minimum Radius
	Arterial	As determined following completion of traffic studies and consultation with PennDOT and the Traffic Engineer
	Collector	300 feet
	Minor	150 feet

B. Straight portions of the street must be tangent to the beginning or end of the curve. Except for minor streets, there must be a tangent of at least 100 feet between reverse curves. For curves on arterial streets (or as otherwise determined by the Township Engineer), proper super-elevation must be provided as required by the Township or the Pennsylvania Department of Transportation.

C. The Township may require that Sight Easements be provided in order to maintain adequate stopping sight distances.

D. The development must be provided with speed limit and other related signs in which speeds have been determined by the required engineering studies to be recommended for the horizontal curve design.

5. Vertical Curves.

A. Vertical curves are required where the algebraic difference exceeds 1% or as determined by the Township Engineer.

B. Proper sight distance shall be provided with respect to vertical road alignments. The minimum sight distance measured along the center line from (3.5) feet to height of an object (0.5) feet above grade shall be as follows:

	Type of Street	Sight Distance
	Arterial	As required by PennDOT design criteria for the posted speed
	Collector	400 feet
	Minor	250 feet
	Alley	100 feet

6. Cul-de-Sac Streets.

A. Cul-de-sac streets designed to be so permanently, shall not exceed 800 feet in length measured from the center line of the intersecting street to the center point of said cul-de-sac. If a cul-de-sac street intersects another cul-de-sac street, the maximum total length of the sum of the streets shall not exceed 1,300 feet.

B. Culs-de-sac shall have a paved turnaround having a minimum diameter of 100 feet and a legal right-of-way of 120 feet in diameter. Dimension and/or layout is subject to change where, in the opinion of the Township, a revised dimension and/or layout is necessary for reasons of safety, maintenance, accessibility, construction, etc. Alternate cul-de-sac dimensions may be allowed provided it is based upon a recognized standard and has been reviewed and recommended by the Township Engineer and Road Superintendent.

C. Temporary culs-de-sac shall be designed to standards of permanent culs-de-sac.

D. Where required, a designated area shall be shown for disposal of snow. Such area shall be provided with an easement acceptable to the Township.

E. All cul-de-sac circles shall be graded to create a center high point with all flow directed toward its edges.

7. Loop Roads.

A. In the case of a proposed loop road the maximum length, measured along its center line from the intersection of a public street to the beginning of the loop, shall be 800 feet.

8. Intersections.

A. No intersection shall involve the junction of more than two streets.

B. Right-angle intersections shall be used wherever possible. In no instance, however, shall streets intersect at an angle of less than 75° or more than 105°. Intersections of two arterial streets shall be subject to Pennsylvania Department of Transportation standards.

C. Intersections shall be improved on all sides by leveling areas. Such leveling areas shall have the minimum length of 100 feet (measured from the intersection of the center lines) within which no grade shall exceed a maximum of 4%. Where a through street exists or is proposed, the 4% leveling area may be waived pending review of the Township Engineer.

D. Proper sight lines shall be provided and maintained at all intersections. Measured along the street center line, there must be a clear sight triangle of 75 feet. Where either of the two streets is a collector street a clear sight triangle of 100 feet shall be required and where either of the two streets is an arterial, a clear sight triangle of 150 feet shall be required. Within such triangles, no vision-obstructing object shall be permitted.

E. Design of curb or edge of pavement must take into account such factors as types of turning vehicles, likely speeds of traffic, angle of turn, etc., but in no instance shall the radius of the curb or edge of pavement be less than the following:

	Intersection	Curve Radius
	Minor with Minor Street	25 Feet
	Minor with Collector	30 Feet
	Collector with Collector	35 Feet

	Where determined to be necessary due to speed considerations, clear sight triangle side may increase. Increased values shall be in accordance with PennDOT or AASHTO Standards.
	Safe sight distances shall be provided at all intersections. Standards for design shall comply with AASHTO and the Pennsylvania Department of Transportation whichever shall be most applicable as determined by the Township Engineer.

F. Street intersection spacing shall be based on a traffic engineering analysis and shall be a function of street classification and proposed design speed limit. The following table contains minimum recommended intersection spacing. Such traffic engineering analysis shall be prepared in accordance with ITE Traffic Engineering Handbook recommendations and shall be subject to the review of the Township Engineer or Township Traffic Engineer.

Type of Intersection (Distance in Feet)
	Arterial/ Arterial	Arterial/ Collector or Minor	Collector/ Collector	Collector/ Minor	Minor/ Minor (3)
Min. Distance Separation (1)	800	800	600	500	250
Min. Distance Separation (2)	Must be in alignment		500	250

(1)	Minimum distance between center lines of intersections
(2)	Minimum center-line separation for streets where intersections are on direct opposite sides of the intersecting street.
(3)	Internal development street intersections.

9. Slope of Bank along Streets. The slope of banks along streets measured perpendicular to the street shall be no steeper than the following:

A. One foot of vertical measurement for three feet of horizontal measurement for fills.

B. One foot of vertical measurement for two feet of horizontal measurement for cuts.

10. Partial and Half-Streets. The dedication of half-streets at the perimeter of new developments is prohibited, except to complete existing half-streets.

11. Names of Streets. Names of new streets shall not duplicate or approximate existing or platted street names, or approximate such names by the use of suffixes such as "lane," "court," or "avenue." In approving the names, consideration shall be given to existing or platted street names within the postal delivery district served by the local post office. New streets shall bear the same name or number of any continuation or alignment with an existing street. All street names shall be subject to Township approval.

12. Reserve Strips. Controlling access to streets by reserve strips is prohibited except where their control is definitely placed in the Township under control approved by the Township. A reserve strip is a parcel of ground in separate ownership separating a street from other adjacent properties or from another street.

13. Alleys.

A. Alleys are permitted in single-family, detached or semi-detached residential development to provide access to the rear of lots that have frontage on a public minor, collector, or arterial street. Alleys shall be permitted provided that they are not proposed to be dedicated to the Township and that the developer must make adequate provision for the perpetual maintenance of the alley. The applicant shall in addition, provide for an easement enabling the Township to perform emergency maintenance in the event that the property owner should fail to do so and shall establish a procedure whereby the Township shall be able to assess the cost of such emergency maintenance upon the land owner.

B. While the use of dead end alleys is generally discouraged, where alleys do dead end, they shall be provided with a Township approved turnaround conforming to one of the standard Township cul-de-sac street exhibits.

C. Intersection involving alleys shall be provided with a minimum radius of 10 feet.

14. Alternate Design Criteria for Low-Volume Roads.

A. Subject to the recommendation of the Township Engineer, the following alternate criteria may be permitted for minor/local streets located within proposed subdivisions and land developments in which the streets are not proposed to be dedicated to the Township. These streets shall generally have an estimated ADT (average daily traffic) volume of 1,500 vehicles per day or less. The proposed ADT shall be determined by a traffic impact study or site access study. Alternate standards must be supported by AASHTO or other recognized standard. The following standards shall apply:

(1) For greater speeds a specific design and traffic study shall be submitted for review and recommendation by the Township Engineer.

		Design Speed (mph)
		15	20	25	30
	Minimum (no parking)	20'	20'	20'	20'
	Cartway (parking 1-side)	28'	28'	28'	28'
	Width (parking 2-sides)	34'	34'	34'	34'
	Minimum Center-line Radius	45'	90'	165'	260'
	Safe-Stopping Sight Distances	80'	115'	155'	200'
	Minimum Rate of (Sag)	10	17	26	37
	Vertical Curvature (Crest)	3	7	12	19
	Curb Radii	15'	15'	15'	15'

B. Culs-de-sac without center islands shall have a turnaround diameter of 60 feet while culs-de-sac with center islands shall have a minimum diameter of 90 feet and minimum travel lanes of 20 feet. Rights-of-way shall extend a minimum of 10 feet from the edge of pavement.

C. Design criteria not specifically addressed in this section shall be in accordance with the general road design standards set forth in this section.

D. Provisions for additional street width (right-of-way, cartway, shoulders etc.) may be required when determined to be necessary by the Township in specific cases for:

(1) Public safety and convenience.

(2) Traffic in commercial and industrial areas and in high-density residential development.

(3) Widening of existing streets where the width does not meet the requirements of the preceding paragraphs.

(4) Where topographic conditions require excessive cuts and fills.

(5) When curbs are required.

§ 22-404 Off-Street Parking.

[Ord. 07-117, 11/13/2007, § 404]

1. Off-street vehicular parking facilities shall be provided in accordance with the Cumberland Township Zoning Ordinance [Chapter 27].

A. For uses which are not addressed in the Zoning Ordinance [Chapter 27], the required parking spaces shall be based on a study as prepared by the developer and approved by the Township Engineer. The study shall address the following:

(1) The type of use and estimated number of trips generated during peak conditions (inbound and outbound).

(2) Estimated parking duration per vehicle (turnover rate).

(3) Based on estimated number of trips generated and average parking duration per trip, calculate the number of spaces required. In addition, one space shall be provided for every two employees working during the maximum shift.

§ 22-405 Access Drives.

[Ord. 07-117, 11/13/2007, § 405]

1. Residential Driveways. Access to any public street or highway in a residential area shall be governed by the following:

A. Within 10 feet of a street right-of-way line, an access drive may not exceed 20 feet in width nor be less than 12 feet in width.

B. The number of access drives on a street frontage, may not exceed two per lot.

C. An access drive or driveway may not cross a street right-of-way line:

(1) Within 40 feet of the right-of-way line of an intersecting street when entrance is from an arterial street.

(2) Within 35 feet of the right-of-way line of an intersecting street when entrance is from a collector street.

(3) Within 25 feet of the right-of-way line of an intersecting street entrance is from a minor street.

(4) Within 15 feet of a fire hydrant.

(5) Within 40 feet of another access drive on the same property.

(6) Within five feet from the edge of a storm drain inlet.

(7) Separation of driveways from property lines shall be as specified in the Cumberland Township Zoning Ordinance [Chapter 27]. In instances where it is not specified within the Zoning Ordinance [Chapter 27] the minimum separation shall be five feet from a property line (except for common access to two driveways).

D. The drive may not exceed a slope of 5% within 25 feet of the street right-of-way lines. Where a drive enters a bank through a cut, the shoulders of the cut may not exceed 50% in slope within 25 feet of the point at which the drive intersects the street right-of-way.

E. All driveways shall have a minimum safe sight distance in accordance with the Pennsylvania Department of Transportation Rules and Regulations. Furthermore, all driveways which access Township roads shall be required to obtain a driveway permit from Cumberland Township. Plans shall indicate the following information:

(1) Minimum (limiting) sight distances along each proposed lot, where applicable.

(2) The location of proposed driveways.

(3) Field verified slopes along the road in both directions from each lot.

(4) Speed limit of existing road in each direction.

(5) Location of trees and other visual obstructions which affect sight distances.

F. Width, turning radius, and slope requirements shall also conform to Chapter 441 of the Pennsylvania Department of Transportation Rules and Regulations.

G. The minimum angle between the center line of the driveway and the street shall not be less than 65°.

H. A clear sight triangle of 75 feet measured along the street and 10 feet into the driveway center line shall be maintained. Permanent obstructions other than mail boxes and utility poles shall be prohibited.

I. All accesses shall be provided with a drainage culvert or gutter/swale as determined following consultation with the Township Road Superintendent. The minimum size of the pipe, unless otherwise approved, shall be 15 inches in diameter or equivalent open area arch/elliptical pipe and constructed of polyethylene (dual wall, smooth lined) or concrete. The site grading or stormwater management plan for a proposed development or building lot shall include calculations for sizing of access driveway culverts. Drainage structures within the Pennsylvania Department of Transportation (PennDOT) right-of-way (where applicable) shall be subject to the review and approval of the PennDOT.

J. To prevent drainage and erosion problems and to minimize future maintenance, access driveways shall be surfaced with a stabilized material within the public street right-of-way.

Where access is to a paved roadway, driveways shall be surfaced with bituminous or concrete material within the legal right-of-way.

K. In the event that an access drive will serve more than one residence, more stringent standards may be applied pending review and recommendation of the Township Engineer.

L. Driveways shall be constructed so that motorists are not required to back on to the roadway.

2. Joint-Use Residential Driveways.

A. A joint-use driveway may serve up to three lots containing single-family dwellings.

B. All joint use driveways shall have a minimum cartway width of 16 feet.

C. Joint-use driveways shall be designed in accordance with Subsection 1 of this section with the exception of Subsection 2A and B above.

D. Cross access easements shall be required to ensure common use of, access to, and maintenance of, joint-use driveways; such easements shall be recorded in language acceptable to the Township Solicitor, and depicted on the subdivision plan.

3. Multifamily, Commercial and Industrial Access Drives. Access drives to any public street or highway in the case of a multi-family commercial or industrial development shall at a minimum conform to the standards for residential access drives, with the exception that all commercial or industrial drives shall be paved (at full width) with a bituminous material meeting the design criteria of a minor street (§ 22-403). Additional standards shall be as follows:

A. All access ways to any public street or highway shall be located at least 200 feet from the intersection of any two street right-of-way lines, and shall be designed in a manner conducive to safe ingress and egress. Where practicable, exits shall be located on minor, rather than major streets or highways.

B. No design shall be approved which is likely to create a traffic hazard which has the potential to endanger public safety. Safety requirements which may be imposed in such a review shall include traffic control devices, acceleration or deceleration lanes; turning lanes, traffic and lane markings, and signs. The developer shall be responsible for the construction of any such traffic control devices which shall meet PennDOT approval.

C. A clear sight triangle meeting the requirements of § 22-403, Subsection 8, shall be provided.

D. A detailed design and drawing showing grades, drainage and geometric design elements shall be provided.

E. All design standards of the Pennsylvania Department of Transportation, as may be amended, are hereby incorporated into this section of this chapter.

§ 22-406 Blocks.

[Ord. 07-117, 11/13/2007, § 406]

1. General. The length, width, and shape of blocks shall be determined with due regard for:

A. The provision of adequate sites for buildings of the type proposed.

B. Topography.

C. Any other codes, plans and ordinances.

D. Requirements for safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with major streets.

2. Block Length.

A. Blocks shall have a maximum length of 1,600 feet and a minimum length of 800 feet, provided that the Township Planning Commission or Township Supervisors may increase the maximum and/or decrease the minimum length of blocks if the opinion of either body, topography of the land in question and/or surface water drainage condition warrant such a change.

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

C. Where practical, blocks along major and collector streets shall not be less than 1,000 feet long.

3. Pedestrian Crosswalks.

A. Crosswalks shall be required wherever necessary to facilitate pedestrian circulation and to give access to community facilities.

B. Such crosswalks shall have a width of not less than six feet and a paved walk of not less than four feet. At a minimum all crossings shall be constructed to comply with the Americans with Disabilities Act of 1990 (or as most recently amended).

C. Crosswalks in mid blocks shall be provided with warning devices. The Township may also require that the developer provide the necessary engineering studies to justify the placement of crosswalks.

D. Where necessary to facilitate pedestrian circulation, rights-of-way with a minimum width of 12 feet shall be provided.

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

A. Where reverse frontage lots are required along a major street.

B. Where prevented by the size, topographical conditions or other inherent conditions of property, in which case the Township may approve a single tier of lots.

5. Commercial and Industrial Blocks. Blocks in commercial and industrial areas 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 off street parking and loading areas as well as for traffic circulation and parking for employees and customers.

§ 22-407 Lots.

[Ord. 07-117, 11/13/2007, § 407]

1. General Standards.

A. The size, shape and orientation of lots shall be appropriate for the type of development contemplated. Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines.

B. Where feasible, lot lines shall follow municipal boundaries rather than cross them, in order to avoid jurisdiction problems.

C. Generally, the depth of residential lots shall not be less than one nor more than 2 1/2 times their width.

D. Where the lots in a subdivision are large enough for re-subdivision or where a portion of the tract is not developed, suitable access to these areas shall be provided.

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, loading and unloading, setbacks, landscaping, etc.

F. If after subdividing, there exists remnants of land they shall either be incorporated into existing or proposed lots, or legally dedicated to public use, if acceptable to the Township.

G. No lots shall be created in any manner whatsoever which does not meet the minimum requirements of this or any other Township ordinance.

H. Where dictated by topography, location, sewage disposal requirements, or other such conditions, the Township may require that the minimum lot size be increased. In such case, lot sizes within a subdivision may vary, provided Township approval is secured.

2. Lot Frontage.

A. All lots shall front upon a dedicated public street (existing or proposed), or upon an approved private street constructed to the Township's specifications and ordinances.

B. Double or reverse frontage lots are prohibited except where required to provide separation of residential development from major streets or to overcome specific disadvantages of topography, orientation, location or to allow access to a lower volume street as approved by the Township.

C. All residential reverse frontage lots shall have a planting screen easement parallel to the accepted rear lot line and 20 feet in width across which there shall be no right of access.

3. Lot Soils Evaluation Tests.

A. Soil probe and percolation tests shall be performed for each lot of a proposed subdivision wherein buildings at the time of construction will not be connected to an existing public sewage disposal system. Each lot must be found satisfactory for on-site sewage disposal including an acceptable reserve or back-up area prior to the approval of the preliminary plan.

B. The soils tests called for above shall be performed in accordance with the regulations of the Pennsylvania Department of Environmental Protection. The Township Sewage Enforcement Officer will perform the tests and certify the results.

C. A planning module for land development for any new subdivision or land development shall be prepared by the developer and approved by the Township and the Pennsylvania Department of Environmental Protection prior to the approval of the preliminary plan.

4. Lot Sizes, Building Setbacks, and Standards. Lot dimensions, sizes, and building setback requirements shall not be less than specified by the applicable Zoning Ordinance [Chapter 27] or as dictated by this chapter as it relates to on-site sewage disposal or additional standards, whichever shall be more restrictive.

A. For condominium units the developer shall submit the following for review and approval by the Township:

(1) A declaration plan in accordance with Act 117 of 1963, the Unit Property Act. All condominiums shall be subject to the provisions of the Unit Property Act. The declaration and declaration plan must be recorded along with the final plan in the County Records Office.

(2) An agreement or by-laws which outline the responsibilities of the property owner, developer and condominium association. The agreement shall address the items as required by statute and those items related to parking, maintenance of common areas, storm drainage, sewer, water, utilities, nuisances, solid waste and other items as required. The agreement shall be subject to review and recommendation of the Township Solicitor and/or Engineer (as applicable).

(3) Condominium developments shall meet design requirements of this chapter.

B. For industrial developments no design shall be approved which does not conform to appropriate federal, state, regional, and local standards relative to water and air pollution, particle emission, noise, electrical disturbances, waste disposal, light, glare, heat, vibration, radioactivity, and outdoor storage of materials:

(1) Fire and explosive hazards as governed by the Department of Labor and Industry and the laws of the Commonwealth of Pennsylvania.

(2) Liquid and solid wastes as governed by the Pennsylvania Department of Environmental Protection.

(3) Smoke as governed by the Pennsylvania Air Pollution Control Commission.

(4) Other forms of air pollution as governed by the United States Environmental Protection Agency.

(5) All applicable environmental permits must be obtained and copies submitted to the Township prior to preliminary plan approval.

C. Water and sewer facilities shall be public systems or approved private systems. No individual on-site systems shall be approved for attached row, townhouse, or condominium units.

D. For attached row, or townhouse units a permanent easement shall be provided where the rear property line abuts any property other than a street for the purpose of nonvehicular ingress and egress by center property owners. Minimum width of said easement shall be five feet. Vehicular access shall be included in such easement for maintenance purposes; in which case, access width shall accommodate a vehicle (minimum). In cases where vehicular access will be required, a minimum of 10 feet in width shall be required.

5. Unique Lots.

A. Panhandle, wedge, corner, or double frontage lots shall only be developed as allowed by the Cumberland Township Zoning Ordinance [Chapter 27].

§ 22-408 Easements.

[Ord. 07-117, 11/13/2007, § 408]

1. Easements shall be provided for drainage facilities, overhead or underground public and private utility facilities in consultation with the Township Engineer, the electric, telephone, sewer and water utilities, the Pennsylvania Department of Transportation, and the applicable municipal authority. No structures or trees shall be placed within such easements.

A. The minimum width of such easements shall be 20 feet for drainage, sewer and water facilities and underground utilities and 10 feet for overhead utilities. Larger widths may be required as recommended by the Township Engineer.

B. Wherever possible such easements shall be centered on the side or rear lot lines, or along the front lot lines.

2. Where a subdivision or land development is traversed by a watercourse, drainage way, channel or stream, there shall be provided a drainage easement, width to be as determined by the Township Engineer, conforming substantially to the line of such watercourse, drainage way, channel or stream and of such width as will be adequate to preserve the unimpeded flow of natural drainage or for the purpose of widening, deepening, relocating, improving or protecting such drainage facilities or for the purpose of installing a storm sewer. Access easements shall also be required.

A. Also, where a land development or subdivision is traversed by a watercourse, stream, channel or other drainage way, the developer shall provide a drainage easement conforming substantially to the existing alignment of the drainage way. The easement shall be a width adequate to:

(1) Preserve the unimpeded flow or natural drainage.

(2) Widen, deepen, relocate, improve or protect the drainage way.

(3) Install a stormwater sewer.

(4) Accommodate a one-hundred-year design storm.

B. Any changes in an existing watercourse, stream, channel or other drainage way shall be approved and a permit issued by the PaDEP, Dams and Encroachment Division, or its successor agency. Notification of permitted changes shall be forwarded by the Township to all affected adjacent communities, the Pennsylvania Department of Community Affairs, or its successor agency, and the Federal Insurance Administration.

C. Under no circumstances shall any watercourse be altered such that the carrying capacity of the stream is reduced.

3. Electric, telephone and all other utility facilities shall be installed underground unless conditions require otherwise. The developer shall be required, prior to final plan approval, to obtain a letter from the appropriate utility company confirming that the developer has entered into an agreement to provide for an underground electric and telephone system in accordance with the Pennsylvania Public Utility Commission Investigation Docket #99, as amended, or has obtained a waiver from said Pennsylvania Public Utility Commission to allow overhead electric and telephone facilities.

4. Drainage easements shall be required between all lots within a subdivision. They shall be centered on property lines wherever possible. Such easements shall preserve the unimpeded flow of natural drainage or provide for the construction of drainage facilities. In no case shall they be less than 20 feet in width.

5. Petroleum, Gas and Electric Transmission Lines. Where any petroleum, petroleum products, natural gas or electric transmission line traverses a land development, the developer shall confer with the applicable transmission or distribution company to determine the minimum distance which shall be required between each structure and the center line of such transmission line. Transmission line rights-of-way shall not be permitted to be included within residential lots. Furthermore, all land grading and development activities proposed near such facilities shall be minimized to the greatest extent possible.

Additionally, the Township will require, with the preliminary plan application, a letter from the owner of the transmission line stating any conditions on the use of the tract and the right-of-way width, or a copy of the recorded agreement, which shall contain the above data.

6. Flood Proofing of all Utilities. All new or replacement public and/or private utilities and facilities in flood-prone areas shall be elevated or flood-proofed up to the regulatory flood elevation.

7. No company intending to install any petroleum products or natural gas transmission line shall be allowed to construct the line on less that a fifty-foot right-of-way, such line to be installed in the center of the right-of-way for all existing transmission lines within the development.

8. Where necessary to access to public or common lands, a pedestrian easement shall be provided with a width of no less than 10 feet. Additional width may be required by the Township depending on the purpose and the use of the easement.

9. In the case of sanitary sewer and water lines, the required right-of-way or easement should be as required by the applicable authority.

§ 22-409 Land Grading Requirements.

[Ord. 07-117, 11/13/2007, § 409]

1. General. No land or parcel of land within the Township shall be graded or filled by any landowner, developer or subdivider unless and until there has been compliance under the provisions of this chapter.

(In the case of a subdivision and land development, the grading plan shall be submitted, reviewed, and approved as part of the preliminary plan process). The land grading plan shall be subject to the review and approval of the Township Engineer in accordance with his or her recommendations and applicable local, state, and federal guidelines.

2. Applicability. The provisions of this section shall apply if the following conditions apply:

A. A subdivision or land development in which improvements such as drainage, stormwater management, streets, buildings, etc.

B. Land is to be graded or filled to alter the existing contours more than an average of two feet in elevation over any area in excess of 5,000 square feet.

C. Land is to be filled to a depth of five feet or more over any area in excess of 1,000 square feet.

D. Land is to be graded or filled within an existing watercourse (whether an intermittent or flowing stream or any normally dry swale which carries any amount of water during rainfall).

E. Where site grading plans are required as part of the building permit process, the standards and requirements of this section shall apply.

3. Approval of Land Grading Plan. The land grading plan and all information and procedures relative thereto, shall in all respects be in compliance with the provisions of this section.

4. Drawing Requirements for Land Grading Plan. At a minimum, the following data shall be shown on the land grading plan.

A. The plan shall be prepared and certification made as to its accuracy by a registered surveyor or registered professional engineer.

B. Property boundary consistent with the requirements for a preliminary plan under this chapter.

C. Location and description of bench mark to which contour elevations refer.

D. Existing and proposed topographic contours of the area to be graded or filled at contour intervals of no more than one foot. Spot elevations should be provided where flow direction cannot be properly determined by the required contour interval.

E. All existing watercourses within 500 feet of the area to be graded or filled, whether on land owned by the applicant or by others, shall be shown on the plan.

F. Total acreage of tract.

G. Location and identification of all existing and proposed public and private easements. All structures should include first floor elevations.

H. Location of all existing and proposed structure, roads, utilities, parking areas, and development appurtenance.

I. Existing and proposed street names.

J. All proposed temporary and permanent erosion and sediment control and stormwater management facilities.

K. A limit of disturbance line.

L. Construction staging narrative.

M. Detail drawings and specifications for all temporary and permanent erosion and sediment control and stormwater management facilities.

N. All supporting calculations, documentation, and manufacturer's literature.

O. Storm drainage calculations as may be required by the Township Engineer.

5. Additional Drawing Requirement for Land Grading Plan. In addition to the drawing requirements previously stated, the following data shall be provided on the land grading plan.

A. The plan shall be drawn to scale of not less than one inch equals 50 feet, shall indicate the magnetic north point, and owner's name and address.

B. Abutting property lines and the names of abutting landowners.

C. In cases of heavily wooded areas, the outline of the wooded areas and the location of trees which are to remain shall be shown.

D. In areas which are anticipated to experience seasonal high water table conditions, grading and drainage provisions should be provided for anticipated basement sump pump discharges.

E. A location map at a scale not smaller than one inch equals 2,000 feet shall be drawn showing:

(1) Relation of tract to adjoining property.

(2) Municipal boundary lines, if present.

(3) Related road and highway system within 1,000 feet of tract.

F. Statement that the applicant is the owner, equitable owner or authorized by the owner in writing to make application for the proposed land grading.

G. Grading notes from § 22-507, Subsection 2A(2).

H. Residential driveway notes from § 22-405, Subsection 1A, B, C and D.

6. Construction Requirements.

A. Fill. Fill shall not contain boulders or fractured rock or broken concrete over one foot in largest dimension, or any organic material, trash, garbage, or broken asphalt paving. Fills of more than five feet deep shall be compacted while being placed by a method approved by the Township Engineer.

B. Slopes. All constructed slopes shall not exceed the following:

(1) Cut slopes in earth - two horizontal, one vertical feet.

(2) Cut slopes in rocks - one horizontal, one vertical feet.

(3) Fill slopes - three horizontal, one vertical feet.

Slope limitations and allowances are subject to change pending review of the Township Engineer. The Township reserves the right to make limitations more stringent where public safety or protection of waterways, streets, and slopes are involved.

C. All grading must also meet the requirements of § 22-507 of this chapter.

7. Other Requirements.

A. During grading operations, necessary measures for dust control must be exercised.

B. Grading equipment shall not be allowed to cross streams. Provisions shall be made for the installation of temporary or permanent culverts or bridges.

C. No work will be allowed to commence until all applicable permits and approvals have been obtained. Where deemed necessary by the Township or state/federal law, the Adams County Conservation District must approve the grading plan.

D. Steep slope areas shall be preserved in their natural state whenever possible.

Where construction of roads, buildings, driveways, or infrastructure cannot be avoided, disturbance shall be kept to the minimum area necessary and shall comply with § 27-1103, "Steep Slope Protection," of the Zoning Ordinance [Chapter 27].

E. A pre-construction walk-through is required prior to clearing and grubbing operations to physically delineate the limits of disturbance for areas near trees, tree groves, slopes, streams, floodplains, wetlands, etc.

8. As-Built Plans.

A. Where detailed grading plans are required for a specific structure an as-built plan shall be required. Approval of the as-built plan is required prior to receipt of a use and occupancy permit or release of financial surety (whichever is applicable).

B. As-built plans shall be provided at two stages of construction:

(1) A written certification shall be provided at such time as the footing of the structure is completed to document the elevation of the structure (top of block elevation).

(2) A plan submission shall be made upon completion of the building and finished grading.

C. Contents of the as-built plan shall be as required herein for as-built plans. Tolerances shall be as provided by the Township Engineer.

§ 22-410 Sewage Disposal Systems.

[Ord. 07-117, 11/13/2007, § 410]

1. Design of all sewage disposal systems shall be subject to review and approval of the Township as follows:

A. In the case of on-site sewage disposal systems, testing, design, permitting, and installation shall be in accordance with applicable Township ordinances and rules and regulations of the Pennsylvania Department of Environmental Protection. Review and approval shall be by the Township Sewage Enforcement Officer.

B. In the case of central sanitary sewer systems and wastewater treatment facilities which are to be privately owned, the design plans and specifications shall be subject to review of the Township, as part of the subdivision or land development plan process. Design criteria shall be that of PaDEP and as supplemented by the Township and/or authority. Review and approval of the sanitary sewer system plans by the Township is required for preliminary plan approval. Review and approval of the wastewater treatment facility plans by the Township is required for final plan approval. Following approval of the Township, the developer is required to obtain approval from the Pennsylvania Department of Environmental Protection. Final plan approval will not be granted until the developer submits copies of all applicable permits.

C. In the case of sanitary sewer systems and wastewater treatment facilities which are to be dedicated to the public, review and approval of design plans and specifications shall be by the applicable municipal agency or the Township in accordance with their rules and regulations. Review and approval of plans and specifications by the Township and/or applicable municipal authority shall be part of the subdivision or land development plan process. Review and approval of the sanitary sewer system by the Township is required for preliminary plan approval. Review and approval of the wastewater treatment facility by the Township is required for final plan approval. Final plan approval will not be granted until the developer submits copies of all applicable permits from PaDEP [or] other government agencies.

D. The Township may require a complete feasibility study at either preliminary or final plan stage in which case the following additional requirements shall apply:

(1) Where there is an existing public sanitary sewer main within 1,000 feet, measured in straight-line distance from the terminus of the system to the nearest tract line of the development, and adequate treatment capacity is available, a complete sanitary collection system shall be installed and connected by the developer to the existing public sanitary sewer system. Prior to obtaining final subdivision and land development approval, approval to connect or hook onto the system must be obtained. Said approval shall be noted on the plan. If adequate treatment capacity is not presently available, the Township may require an agreement where the property would be required to connect at such time as capacity is available.

(2) For any plan proposing a privately owned community sewage system, the developer shall submit with the sewage facilities planning module a proposed agreement for review and approval by the Township Engineer and Township Solicitor which contains, at a minimum, the following:

(a) The obligation of the developer to install the system according to the design as approved by the Township.

(b) The obligation of the developer to provide, prior to final plan approval, financial security, in form approved by the Township Solicitor, and in the amount approved by the Township Engineer, to secure 110% of the estimated installation costs, which amount shall be subject to increase or decrease in accordance with § 509 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10509.

(c) A schedule of inspections of the installation to be performed by the Township Engineer, at intervals approved by him, with the agreement of the developer to bear the entire costs of such inspections.

(d) The submission of as-built drawings at the time of completion of the system.

(e) A covenant that upon a public sanitary sewer system becoming available (available being defined to be an operating system, the terminus of which is 1,000 feet, or less, measured in straight-line distance to the nearest tract line of the development and which has capacity to service the total development) the private system shall be connected to such public system.

(f) The provision of financial security, in form approved by the Township Solicitor, and in the amount approved by the Township Engineer, to secure the long-term operation, maintenance and replacement of the system, all in accordance with the requirements of the Township and the provisions of Chapter 71 of Title 27, Pa. Code, of the regulations of the Pennsylvania Department of Environmental Protection.

(3) Where the site of the proposed development is more than 1,000 feet from the nearest available public sewer system, the developer may provide the proposed development with a complete public sanitary sewer system if adequate treatment capacity is available and all connection costs are assumed by the developer. If this is not feasible or desirable, the adequate provision of on-site subsurface or alternate sewage disposal systems approved by the Pennsylvania Department of Environmental Protection shall be investigated.

(4) Where installation of a public sanitary sewer system is not required, the developer or owner of the lot shall provide for each lot, at the time improvements are erected thereon, a private sewage disposal system consisting of a septic tank and tile absorption field or other sewage disposal system approved by the Pennsylvania Department of Environmental Protection and the Township Sewage Enforcement Officer.

§ 22-411 Water Supply Systems.

[Ord. 07-117, 11/13/2007, § 411]

1. Prior to design of water systems, where required by the Township, a water supply feasibility study shall be completed for review and approval by the Township. Design of all water supply systems shall be subject to review and approval of the Township as follows:

A. In the case of individual private on-site wells and distribution systems, reviews and approval shall be by the Township in accordance with standards of the PaDEP and applicable Township ordinances. Review, approval and permitting shall be done prior to construction in accordance with the Township Well Ordinance [Chapter 26, Part 1].

B. In the case of central private or public water systems, which will be privately owned, review and approval of plans and specifications shall be by the Township and where deemed necessary, the applicable municipal authority in accordance with the standards of the Township Well Ordinance [Chapter 26, Part 1], PaDEP and Township or authority rules and regulations. Review and approval shall be part of the preliminary plan process. Following approval by the Township, the developer is required to obtain approval from PaDEP. Preliminary plan approval will not be granted until the Township and/or authority has approved the plans. Final plan approval will not be granted until all permits are obtained. A Township well permit (where applicable) must be obtained prior to construction.

C. In the case of public water systems which will be dedicated to the public, review and approval of design plans and specifications shall be by the applicable municipal agency, or authority in accordance with their rules and regulations. Review and approval of plans and specifications shall be part of the preliminary plan process. Preliminary plan approval will not be granted until the developer submits copies of all applicable approvals from the local municipal agency or authority. Final plan approval will not be given until all permits are obtained from PaDEP and other government agencies.

D. In any residential development where 10 or more homes are proposed on lots of less than one acre each and on-site sewage disposal is also proposed, a central water system shall be provided in accordance with the requirements of this chapter.

E. Where water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Board of Supervisors or the Planning Commission, as the case may be, that the subdivision or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority, or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

F. In addition, in conjunction with completion of a feasibility study, the following requirements shall apply:

(1) A water resources impact study shall be required when the proposed development is not under the jurisdiction of the DEP or will not be served by public water supplied by a municipal authority approved by the Township; and one or more of the following conditions are met:

(a) Individual, private on-site wells and distribution systems, in which lots will rely on groundwater as the primary source of drinking water, are proposed for use in residential subdivisions containing three lots or more and the smallest created lot is less than five acres in area.

(b) The nonresidential subdivision contains three lots or more.

(c) A proposed well is intended for nonresidential use (i.e., industrial, commercial, geothermal heating or cooling, institutional, agricultural).

(2) A professional geologist licensed in the Commonwealth of Pennsylvania and qualified to conduct groundwater investigations shall prepare the water resources impact study. The purpose of the study will be to determine if there is an adequate supply of water for the proposed use and to estimate the impact of the additional water withdrawals on existing nearby wells, underlying aquifers and/or nearby surface water features (i.e., streams, wetlands, etc.). The Township Engineer shall review the impact study work plan, including proposed test well locations and pumping test procedures. Approval of the work plan by the Township Engineer shall be required prior to implementation.

(3) The adequacy of water supply shall be determined based upon the guidelines established in the Adams County Wellhead Protection Plan (ACWHPP) of 300 gpd per household for peak demand calculations, and used as a conservative estimate by which to perform a groundwater budget analysis. A water system, which does not provide the minimum rate of supply of water for the proposed use, does not meet drinking water quality standards, and/or adversely impacts nearby wells, ponds, and streams, shall not be approved by the Township.

G. Water Resources Impact Studies. The water resources impact study shall contain at a minimum the following information:

(1) Calculations of project water demands, including a determination of required fire flows.

(2) Literature review and reference of published geologic and hydrogeologic reports.

(3) A geologic map of the area within a one mile radius of the proposed property boundaries and site.

(4) The location of all faults, lineaments and fracture traces on-site and within 1/2 mile of the proposed property boundaries.

(5) The locations of all existing and proposed wells within 1/4 mile of the site and all large withdrawal wells (100,000 gpd+) within 0.5 mile of the site.

(6) The locations of all test wells (both pumped and observation), along with the proposed lot boundaries, should be located on an accurate site plot plan or base map at a minimum scale of one inch to 500 feet.

(7) Define/map the boundary of the surface watershed in which the proposed development is located (use relevant USGS 7.5-minute topographic map as a base map). The approximate property boundary for the development shall be delineated on this surface watershed map.

(8) Define known sources of groundwater contamination within this mapped surface watershed boundary and evaluate the potential impact(s), if any of this contamination on the proposed ground water use.

(9) The location of all existing and proposed on-lot septic systems within 1/4 mile of the site.

(10) The location of all streams, perennial and intermittent, within 1/4 mile of the site.

(11) Define existing municipal, community, industrial and/or agricultural demands on groundwater resources located within 0.5 mile of the proposed development boundaries.

(12) A water-table or potentiometric surface map showing groundwater elevation contours and the direction of groundwater flow.

(13) Calculate a water budget for the subject site from available information contained in published literature and government sources for the geologic formation(s) occupying the site. The budget calculations should document long-term average precipitation (inches per year, in/yr), total surface runoff (in/yr), evapotranspiration (in/yr), and groundwater recharge rates (in/yr and gallons per day per acre). The long-term average groundwater recharge rate should be reduced by 40% to estimate the annual amount of groundwater recharge expected during years of drought conditions.

(14) Confirm that there are no nearby groundwater users whose withdrawal would inhibit the development from meeting its proposed groundwater usage rate.

(15) Divide the total annual groundwater recharge calculated for drought conditions for the proposed development by 300 gpd (one equivalent dwelling unit, EDU) to calculate the maximum number of residential building lots that can be adequately supplied by the groundwater resource underlying the subject development site.

H. Site Specific Report Requirements. The following site-specific investigations shall be carried out in preparation of the water resources impact study:

(1) The installation and testing of new water supply wells for residential developments shall be included as part of the impact study as follows:

(a) One test well and at least one observation well shall be installed and tested for proposed developments of three lots or more and the smallest proposed lot is less than five acres in area.

(b) For proposed developments of six or more lots, test wells shall be installed and tested on 30% of the proposed lots. Test wells shall be located to be representative of both the variety of landforms and geologic formations contained by the proposed development.

(c) For developments underlain entirely by diabase, one test well shall be installed and tested on each lot to ensure an adequate water supply.

(2) The installation and testing of new water supply wells for nonresidential developments shall follow the frequency given below:

(a) For a nonresidential user proposing to withdraw 25,000 gpd or less, one new test well shall be installed and tested. At least one observation well is required to be monitored during both the pumping/recovery phase of the well test.

(b) For a nonresidential user proposing to withdraw more than 25,000 gpd but less than 100,000 gpd, two new test wells shall be installed and tested.

(c) A nonresidential user under the PaDEP jurisdiction and will be reviewed by the Township. The Township shall not grant final plan approval until all necessary permits are obtained from all applicable regulatory agencies.

(3) Any well installed in the Township for residential use, nonresidential use or testing purposes requires a permit from the Township and shall be constructed and sampled in accordance with the Township's well ordinance. During the drilling and construction of the well, proper techniques of well development shall be utilized so as to obtain the best practical yield and quality, which is representative of the aquifer.

(4) Each test well shall have an accurate geologic log prepared under the direction of a professional geologist licensed by the commonwealth by a geologist during the drilling of the well, giving a detailed description of the type and thickness of soils and bedrock formations encountered. Additionally, the log should contain information on the depth and thickness of all water bearing zones encountered and the yield from each zone.

(5) Pumping Tests and Recovery Tests. Each new test well shall be pumped at a constant discharge rate for a minimum period of eight continuous hours. The discharge rate shall be appropriate to the blown yield of the well to adequately stress the aquifer but not dewater the well. Recovery levels shall be measured at regular intervals immediately following the pumping period until 90% recovery of the pre-test water level is achieved.

(6) During the performance of each pumping recovery test, time-drawdown measurements (within accuracy of 1/10 foot) shall be taken from the pumped well and at least one nearby observation well. The time-drawdown measurements must be taken in both the pumped well and the observation well at the following minimum frequencies:

(a) One reading every minute for the first 10 minutes of the test.

(b) One reading every two minutes for the 10 to 100 minute test interval.

(c) One reading every 10 minutes for the 100 to 300 minute test interval.

(d) One reading every 20 minutes from 300 minutes to the end of the pumping period.

(e) Repeat frequency for recovery phase of test.

(7) All observation wells should be located within 200 feet horizontal distance from the pumping well, or be close enough to incur measurable drawdown during the pumping phase of the test. The observation well can be either a) an existing domestic well, but only if the domestic well is not actively pumped for the entire duration of testing (pumping and recovery phases) and its construction details (total depth and cased depth) penetrate the same hydro-geologic unit as the new well, or b) a new supply well on an adjacent lot if that adjacent well penetrates the same hydro-geologic unit as and its construction details (total depth and cased depth) are compatible with the new well being tested, or c) a new well specifically installed as an observation well for test purposes and scheduled for permanent abandonment following relevant Township requirements after the testing has been completed.

(8) The time-drawdown data collected from each pumping test should be used to define the local aquifer characteristics, including hydraulic conductivity, transmissivity, coefficient of storage, and the expected long-term yield of the well(s) being tested. Distance drawdown relationships and impact on surrounding water users from the proposed groundwater withdrawal should be included in the assessment. A groundwater availability analysis should be included in the impact study to demonstrate that there are sufficient groundwater resources within the drainage basin to support both existing users and the proposed withdrawal. Raw time-drawdown data and field testing notes should be included in the report as an appendix.

(9) Water samples for chemical analyses should be collected from the pumped wells within one hour of the scheduled end of the pumping phase of each test. Samples shall be analyzed at a DEP-certified laboratory for pH, total dissolved solids, iron, manganese, nitrate-nitrogen and coliform bacteria. A copy of the laboratory analytical report for each sample shall be included and summarized in the report.

(10) All water supply wells to be used for domestic purposes shall have a minimum yield of 1 gpm. In the case of low yielding wells, i.e., less than 5 gpm, the proposed water system shall be designed to be able to provide sufficient storage via oversize tanks and/or storage in the well bore to meet expected peak demand (i.e., 300 gpd).

I. Water Resources Impact Study Determination.

(1) When a water resources impact study is required, the Board of Supervisors will approve the use of on-lot water supply systems (wells) or nonresidential use wells when:

(a) This report indicates that justification of the project necessitates consideration of this type of water supply.

(b) The anticipated water supply yield is adequate for the type of development proposed.

(c) The installation of such systems will not endanger or adversely decrease the groundwater supplies to adjacent properties.

(2) On relatively large projects, and when deemed appropriate and necessary by the Township Engineer, the analysis of the potential hydrologic impact using a groundwater model (i.e., MODFLOW) may be required in addition to the above fieldwork to adequately characterize and predict the overall impact the proposed project will have on availability groundwater resources.

§ 22-412 Associations for the Operation of Private Community Water or Sanitary Sewer Systems.

[Ord. 07-117, 11/13/2007, § 412]

1. A private homeowners association shall be formed by the developer, to which all lot owners must belong, and which shall be governed by the following minimum provisions:

A. The association shall be charged with the responsibility for the operation, maintenance and replacement of the system, which obligation shall be transferred from the developer according to the schedule set forth in its operation bylaws or other agreement with the developer, and which schedule is approved by the Township.

B. At the time of transfer of the system, the association shall become the owner of the complete system, including the plant, pumps, conveyance facilities and appurtenances.

C. The association must have perpetual existence and shall remain fully responsible for the operation, maintenance and replacement of the system until such time as it is dedicated to, and accepted by, a municipality or municipal authority having jurisdiction to provide public water or sanitary sewer services in the area in which the development is located.

D. The association charter and/or bylaws shall provided for the collection of all operation, maintenance and replacement costs of the system, by assessments or other charges, from all lot owners serviced by the system.

E. The association bylaws shall provide for the placement of liens against the owners of units/lots who have failed to pay any assessments or other charges when due; such liens to have priority over any lien filed to recover association debt.

F. The association shall be required to maintain liability insurance at all times and in amounts acceptable to the Township, or as otherwise required by the Pennsylvania Department of Environmental Protection, covering the operation, maintenance and replacement of the system; the township shall be named as an additional insured on the association's liability policy.

G. The association shall concurrently submit to the Township copies of all reports that are required to be submitted to the Pennsylvania Department of Environmental Protection regarding the operation, maintenance and repair of the system.

H. The association shall provide copies of its financial statements to the Township on an annual basis, promptly after such statements are approved for the year.

I. The association and all owners of lots within the development shall, during such ownership and/or use of the system, indemnify, defend and hold harmless the Township from any and all claims, demands, liabilities, damages and losses, including reasonable attorney fees, resulting, in whole or in part, from the construction, installation, operation, maintenance and/or replacement of the system.

J. Prior to final plan approval, the developer and/or association shall establish and maintain financial security with the Township to cover the costs of future operation, maintenance and replacement of the system in accordance with Chapter 71 of Title 25 of the Regulations of the Pennsylvania Department of Environmental Protection.

K. The association shall enter into a contract for an operation/maintenance agreement with a Pennsylvania Department of Environmental Protection certified plant operator, and backup plant operator as required by its regulations, which shall require the plant operator to comply with all federal and state laws and to provide copies to the Township on a quarterly basis or all reports made to any federal or state agency. The operator shall monitor the system as required by Pennsylvania Department of Environmental Protection. The association shall, on an annual basis, provide a copy of the operators' license to the Township. The association shall notify the Township if the contract for operation/maintenance agreement changes, including but no limited to a different operator or back-up operator.

L. The Township shall be deemed to be a third party beneficiary of the homeowners association agreement and if, for any reason, the Township expends monies to maintain, repair or replace the system due to a default by the association, the individual lot owners shall be responsible to reimburse the Township for any monies so expended, and failure to reimburse shall constitute grounds for the Township to place a lien on the lot owner's property. Nothing herein shall be construed to place any duty or responsibility on the Township with respect to any matter concerning the operation, maintenance or replacement of the system.

M. The document containing the above provisions shall be presented to the Township Engineer and Township Solicitor for review and approval prior to final plan approval.

§ 22-413 Traffic Impact Studies.

[Ord. 07-117, 11/13/2007, § 413]

1. Applicability. Traffic impact studies shall be required, as established by this section, for all preliminary subdivision and land development applications under this chapter when land development is projected to generate 200 new ADT (average daily trips), or 20 or more new peak hour trips, as established in the most recent edition of the Institute of Transportation Engineers (ITE) publication, trip generation.

Separate applicability standards are established, as applicable, in the Township Zoning Ordinance [Chapter 27] (conditional use standards and requests for rezoning). The requirements of this section may be modified by the Board of Supervisors, or the Zoning Hearing Board if applicable, when specific requirements are determined not to be applicable to the preliminary subdivision or land development application.

2. Purpose. A traffic impact study shall enable the Township to assess the likely traffic impact of a proposed development on the various components of the transportation system. The requirements of this section are separate from, but function in parallel with, the Township's adopted Act 209 (Transportation Impact Fee) Ordinance and Transportation Capital Improvements Program.

The study shall: (A) address the safe and efficient circulation of both vehicles and pedestrians on the site; (B) identify the impacts of development traffic at the site's accesses to public roads within the Township and provide appropriate mitigation for safe and efficient movement of vehicles and pedestrians thereof; and (C) identify the development's impact on the surrounding roadway network for the purposes of establishing the basis of its transportation impact fee for mitigation of its impacts, or in lieu of the fee, making the necessary improvements thereof.

3. Professional Study Preparation. The applicant shall retain a qualified, licensed professional traffic engineer, who shall be subject to the approval of the Township, to prepare the traffic impact study.

4. Definitions. The following terms or phrases shall have the meanings indicated when used in this section:

A. Study Area. The study area shall be the area of land, and specific roadways and intersections, within the Township that are likely to be affected by the development.

B. Act 209 Transportation Impact Fee Ordinance Terms. This chapter has requirements separate from, but related to, the requirements of this section. This section, as appropriate, references specific elements of the adopted Act 209 Ordinance [Chapter 25, Part 1], as follows:

(1) Transportation Service Area(s). Geographically defined portions of the Township, not exceeding seven square miles in area.

(2) Transportation Impact Fee(s). The current adopted fee(s) imposed by the Township in each transportation service area, based upon new trips generated by the development during the weekday afternoon peak hour, to fund transportation capital improvements necessitated by, and attributable to, new development.

(3) Land Use Assumption Report. The current adopted development plan for the transportation service area(s) which forms the basis of the transportation impact fee(s).

(4) Transportation Capital Improvements Plan. The current adopted Transportation Capital Improvements Program of the Township, containing both future nondevelopment and development capital improvements identified from the Act 209 study's roadway sufficiency analysis.

C. New Trips. Two-way trips added to the roadway network surrounding the site. New trips are calculated as total trips generated by the development net of pass-by trips (trips already on the roadway network) to the development.

D. Major Roadways. All designated state highways within the Township, plus Township roadways, with the classification of collector road or higher.

E. Major Intersections. All combinations of intersections of state highway with state highway, or with Township roadways classified as collector roads or higher.

F. Volume/Capacity Analysis. An analysis that compares the volume of a traffic facility to its capacity. The methodology for the analysis shall adhere to the most recent edition of the Highway Capacity Manual, or other methodology acceptable to the Township and the Pennsylvania Department of Transportation (PennDOT).

G. Levels of Service. As defined by the Highway Capacity Manual, levels of service, ranging from A to F, measure the operational conditions, within a traffic stream in terms of such factors as speed, travel time, delay, freedom to maneuver, traffic interruptions, comfort, and convenience.

H. Queue Analysis. An analysis that identifies the maximum stacking of vehicles in each traffic lane, measured in feet. The analysis shall utilize a methodology acceptable to the Township and the Pennsylvania Department of Transportation.

I. Trip Generation. The total count of trips to and from the subject development per unit of land use (i.e., dwelling unit, square footage, etc.) as established by the most recent edition of ITE's Trip Generation. For land uses not listed in this publication, or for those land uses with limited available trip generation data, the applicant's traffic engineer shall seek guidance from the Township prior to completion of the study. For applications involving an expansion or relocation of an existing facility, actual trip generation characteristics of the existing land use may be utilized, as appropriate, and subject to acceptance by the Township. Other local sources of trip generation data may be acceptable, subject to the approval of the Township.

5. Scope of the Study Area. The applicant shall receive approval of the scope of the study area from the Township and its Traffic Engineer before proceeding. The minimum requirements of the scope of the traffic study area potentially affected by the proposed development (inclusive of specific roadways and intersections) are as follows:

A. Development Driveways (Accesses). All existing and proposed driveways (accesses) for the development intersecting public Township and PennDOT roadways, plus adjacent roadways, intersections, and driveways along the applicant's property, or adjacent properties, which may be directly affected by vehicular and pedestrian traffic from the development.

B. Supplemental Study Area for Developments within a Designated Transportation Service Area.

(1) Nonresidential Developments with Significant Deviation in Density, Intensity, or Trip Generation from Land Use Assumptions Report. If the Township determines that the applicant's development falls in this category, the scope of study area shall minimally include all major roadways and intersections within the transportation service area where the development is located which accommodate 10% or more of development traffic and/or 100 or more new peak hour trips. The applicant, or its traffic engineer, shall submit a preliminary analysis of the study area affected by this development to the Township and its Traffic Engineer for agreement and approval before proceeding.

(2) Any Development which Generates More than 1,000 New Peak Hour Trips. The scope of study area shall include all major roadways and intersections outside the Transportation Service Area where the development is located, but within the municipal boundaries of the Township which will accommodate 10% or more of development traffic and/or 100 or more new peak hour trips. The applicant, or its traffic engineer, shall submit a preliminary analysis of the study area affected by this development to the Township and its Traffic Engineer for agreement and approval before proceeding.

6. Voluntary Traffic Impact Study. At any time, an applicant for a proposed development may prepare and submit a traffic study to (A) substantiate its opinion that the development's trip generation is different than that established by the Township for purposes of determining the development's Transportation Impact Fee, in accordance with its adopted Act 209 Ordinance [Chapter 25, Part 1]; or to (B) justify allocation of its impact fee to specific projects contained in the Township's adopted Capital Improvements Plan, or to otherwise implement transportation capital improvements not contained in the adopted Capital Improvements Plan.

7. PennDOT Traffic Impact Study. Nothing in this section relieves the applicant for a development which will access a state highway within the Township to comply with the requirements of the traffic impact study requirements contained in the latest edition of PennDOT Publication 282, "Highway Occupancy Permit Handbook." The Township urges the applicant to coordinate its scopes of traffic studies required by the Township and PennDOT, which may permit a single traffic impact study acceptable to both jurisdictions to be prepared.

8. Contents of the Traffic Impact Study. At the discretion of the Township, a traffic impact study shall contain, but not be limited to:

A. Executive Summary. A brief (maximum two pages) executive summary shall be provided, summarizing the traffic impact study's findings, conclusions, and recommendations.

B. Site and Project Description. This description shall identify the site, proposed land use(s), the surrounding area, and the transportation setting, including:

(1) A description of the size, location, proposed land uses, construction staging, and completion date of the proposed development. Also, the description shall include the characteristics of site users with respect to their transportation characteristics and needs, including typical peak periods of travel, use of other travel modes, and vehicle composition.

(2) The existing and proposed uses of the site shall be identified in terms of zoning classification.

(3) A complete description of access and circulation for the development including, but not limited to, locations of access points and methods of traffic control.

(4) Description of the adjacent external roadway system within the study area. Major intersections in the study area shall be identified and illustrated, as applicable.

(5) All existing and proposed public transportation services and facilities within the study area and the surrounding area shall be documented.

(6) A description of all internal roadways, existing and proposed parking facilities, and traffic control devices on all internal roads and intersections shall be provided.

(7) All future committed or proposed roadway and intersection improvements within the study area shall be noted. The responsible party and anticipated project schedule shall be identified for each future improvement. Projects on the Township's adopted Transportation Capital Improvements Plan should not be listed unless the Township has indicated that the improvements will be in place before the proposed opening year of the development.

C. Existing Traffic Conditions. Existing traffic conditions shall be documented for all major roadways and intersections established as part of the approved study area, and shall be based on the following:

(1) Existing peak hour turning movement traffic volumes shall be recorded at all study area intersections, and shall encompass both the peak highway and development hours. Daily traffic volumes on the major study roadways shall be documented in the report. The report shall provide figures illustrating the peak hour turning movement traffic volumes, and documentation regarding all traffic counts.

(2) A volume/capacity analysis based on existing traffic volumes shall be performed during the peak highway and development hours for all study roadways and intersections. The level-of-service results of the volume/capacity analysis shall be presented graphically.

(3) A summarization of the most recent accident data within the study area shall be provided if required by the Township.

D. Future Conditions Without the Proposed Development. An evaluation of the anticipated future traffic volumes, and the ability of the roadway network to accommodate this traffic without the proposed development, shall be provided for the approved study area roadways and intersections. The analysis shall be completed for each study peak hour for the development completion year (design year) and any interim years if development phases are proposed. This evaluation shall include the following:

(1) Peak hour traffic volumes shall be projected for the design year(s) based on traffic growth information compiled by the Adams County Office of Planning and Development and/or PennDOT. Projected traffic volumes shall also include anticipated traffic growth associated with other significant area proposed developments which will be completed, or partially completed, by the design year(s), or developments under construction. All assumptions and methodologies utilized to forecast the future traffic volumes shall be clearly documented. Figures shall be provided in the report illustrating the peak hour turning movement traffic volumes for this future condition.

(2) A volume/capacity analysis based on future without-development traffic volumes shall be performed during the peak highway and development hours for all study roadways and intersections. The level-of-service results shall be presented graphically.

(3) Roadway and intersection improvements committed to implementation by others prior to the design year(s) shall be included in the future without development analysis. The applicant's traffic engineer shall seek guidance from the Township in determining the appropriateness of future roadway and intersection improvements, especially those in the Township's Transportation Capital Improvements Program.

E. Development Trip Generation. Estimates of vehicle trips generated by the proposed development shall be completed for the design year(s) peak highway and development hours, and on a daily basis. A table should be provided which clearly identifies total driveway trips and total new trips. Pass-by trip and internalization assumptions, as applicable, should be clearly identified and discussed. Current versions of ITE's Trip Generation and Trip Generation Handbook should be utilized, if appropriate to the development's land uses. Trip generation estimates based upon alternative sources (e.g., local counts of similar uses) should be clearly documented; including reasons for their use versus use of ITE published data.

F. Development Traffic Distribution and Assignment. Traffic volumes generated by the proposed development shall be distributed and assigned throughout the study area for each of the study peak hours. Documentation of all assumptions used in the distribution and assignment of traffic shall be provided.

G. Proposed Improvements. A description of improvements proposed to remedy and otherwise mitigate traffic deficiencies and traffic impacts, as established by the analyses, shall be provided. The level-of-service mitigation criteria which should be utilized to define needed improvements are as follows:

(1) All movements at all site accesses shall function at levels-of-service D or better with future with-development traffic volumes. If signalized, the intersection(s) overall shall also function at level-of-service D or better.

(2) Improvements at study area intersections other than the proposed site access(es), and on study roadways, shall be presented for future with development traffic volumes to operate at level-of-service D or better for all movements and the intersection overall, if signalized, if the future without-development conditions function at level-of-service D or better. If future without-development conditions function at level-of-service E, improvements shall be identified such that future with-development level-of-service conditions will be no worse than level-of-service E. If future without-development level-of-service conditions are F, future with development level-of-service F conditions shall have no greater volume/capacity ratios and delays than future without-development conditions.

(3) The description of improvements shall describe their location, nature, and schedule, as well as the party responsible for the improvements. The listing of recommended improvements shall include improvements both internal and external to the site, as appropriate.

(4) All design recommendations shall be consistent with the design requirements of Cumberland Township and/or the guidelines of the PennDOT, as appropriate, including the following:

(a) Available safe stopping sight distance measurements shall be performed for each access, and recommendations shall be provided for any access location that does not provide sufficient sight distance in accordance with the applicable requirements, which may include relocation of the proposed access, specific traffic controls, provision of separate turn lanes, roadway geometric improvements, or turning restrictions.

(b) The necessity for auxiliary turn lanes at each site access intersection shall be identified based on the current design guidelines of the Pennsylvania Department of Transportation.

(c) All access points and pedestrian crossings shall be examined as to the need for, and feasibility of, installing traffic signals or other traffic control devices, pursuant to the guidelines and traffic signal warrants of PennDOT.

(d) Design recommendations on study roadways and at other study intersections shall incorporate the comparable Township and PennDOT design guidelines as clauses (a) through (c) address for the site access(es).

H. Future Conditions With the Proposed Development. A description of the adequacy of the study area roadways and intersections to accommodate future traffic with development of the site with proposed improvements shall be provided. The analysis shall be completed for each study peak hour for the development completion year, and any interim years, if development phases are proposed. The evaluation shall include the following:

(1) Daily and peak hour traffic volumes shall be projected for the design year(s). Projected traffic volumes shall be calculated by adding the assigned development trip generation to the future traffic volumes without development on the study roadway and intersection network, including the site access(es). Figures shall be provided in the report illustrating the resultant peak hour traffic volumes with the proposed development with proposed improvements, including all turning movements.

(2) A volume/capacity analysis based on future with-development traffic volumes with proposed improvements shall be performed during the peak highway and development hours for all study roadways and intersections including the site access(es). The level-of-service results shall be presented graphically.

(3) A queuing analysis (maximum queues) shall be performed during the peak highway and development hours for each study intersection, including the site access(es). The results of the queuing analysis shall be presented graphically, and the available storage lengths for all existing and proposed intersection approach lanes shall be identified to determine the adequacy of these facilities to accommodate the anticipated future vehicular traffic queues.

I. Conclusions and Recommendations. This last report section shall include a matrix comparing levels of service on each study roadway, site access intersection, and other study intersections, if appropriate, for existing conditions, future conditions without development, and future conditions with development with improvements. If the development is to be phased, all interim future conditions should be summarized. A summary of all recommended improvements should also be provided, including responsibility for each. Appropriate summaries should be provided indicating that all future vehicular queues can be provided within existing intersection approach lane limits or with the future improvements to be provided by the applicant or others.

§ 22-414 Landscaping.

[Ord. 07-117, 11/13/2007, § 414]

1. Where required by the Township, all plans shall be accompanied by a landscaping plan. The landscaping plan shall be reviewed and approved as part of the preliminary plan phase. Subdivision plans which are exempt from submittal of a preliminary plan shall be exempt from submittal of a landscaping plan.

A. Plan Requirements. Requirements of the landscaping plan are as follows:

(1) Plan shall be prepared by an individual experienced in selection of plantings.

(2) Detail drawings and specifications shall be provided on the plan where applicable.

(3) There shall be a key or legend, which corresponds to the plan identifying type of plant.

(4) Each lot within a subdivision or land development shall be provided with planting areas. In the case where the lot is intended for single family residential use specific plants do not have to be indicated, however the plan shall identify minimum areas for landscaping.

(5) Design shall be in accordance with standard practice of landscape architecture.

(6) Selection of plants and trees shall be based on the location of the site and local environmental influence such as slope, soil, wind, temperature, shade, rainfall, and etc.

(7) The landscape plan shall be subject to review and approval by the Township Engineer and any necessary sub-consultant.

(8) Responsibility for future maintenance shall be that of the property owner; however, the developer is responsible for installation under the terms of the posted financial surety.

(9) The subdivider or land developer and/or applicant shall be required to preserve all historic trees. The subdivider or land developer and/or applicant shall be responsible for contacting the Pennsylvania Historic and Museum Commission (PHMC) to verify historical significance of the trees. If significance is documented, the Township may require review of the proposed development by PHMC.

(10) To minimize potential death or loss that may be caused by a disease that impacts a specific plant or tree species, whenever possible, a mix of multiple species within a development shall be used.

B. Plan Objectives.

(1) To provide scenic relief for the purpose of conserving and enhancing the appearance of the community, especially in areas of potential scenic value and of historical note.

(2) To assist property owners in maintaining the appearance of their neighborhoods.

(3) To provide adequate buffer yards and planting screens to reduce glare; to abate other nuisances; to enhance planting areas in conjunction with streets; where such are required by the provisions of Part 12, "Buffers," of the Cumberland Township Zoning Ordinance [Chapter 27].

(4) To accomplish one or more of the following purposes: screening, retard stormwater runoff, stabilize steep slopes, direct or restrict pedestrian access, define spaces, provide shade and/or complement and enhance the building and grounds, buffer and enhance natural resources such as wetlands, streams and wildlife habitat areas.

(5) Any part or portion of a site in any district which is not used for building or other structures, loading, or parking spaces and aisles, sidewalks and designated storage areas shall be planted with a vegetative landscape, such as, but not limited to, an all season grass seed, sod or ground cover and properly maintained in accordance with Part 5, "Improvements and Construction Requirements," in this chapter.

(6) To conceal unsightly or objectionable elements of the subdivision or land development, such as loading areas and docks, trash receptacles, outside storage areas, etc.

(7) In the event unsightly or objectionable elements may not exist, a landscaping plan shall be provided.

(8) If the construction schedule is delayed and landscaping cannot be installed during the current season, the landscaping plan provided by the applicant to the Township shall specify a time frame for completion.

C. Design Requirements.

(1) Street Trees. For the safety, convenience, and attractiveness of any subdivision of one or more lots, the applicant shall provide a minimum of one deciduous street tree per lot, or one deciduous street tree spaced at intervals of between 70 and 100 feet apart or fraction thereof, whichever is greater, unless the lot is wooded or otherwise agreed upon by the Township. The following general standards must be considered when determining the selection and location of street trees:

(a) Location. Street trees shall be planted outside of the street right-of-way line, between the street line and the building setback line, but at least 10 feet from the edge of improved cartway or five feet beyond the sidewalk.

1) Street trees shall not be placed where they might interfere with the construction, use, or maintenance of any public or private sewage disposal system, water supply, or other utility/facility including sidewalks.

2) Street trees shall not be planted opposite each other across streets but shall have alternate spacing.

(b) All street trees shall be kept free of branches and foliage from the ground level to a height of at least eight feet above sidewalks and a minimum of 1 1/2-inch caliper tree trunk.

(c) Street trees shall be of nursery stock. They shall be of symmetrical growth, free of insects, pests and disease, suitable for street use and in conformity with the standards of the American Association of Nurseryman.

(d) A list of approved street trees for planting in Cumberland Township is included in this section under Subsection 1F, "Recommended Landscape Plantings."

(e) Detailed street tree planting specifications should be provided and shall conform to this chapter.

(f) No Obstruction to Vision. No trees, shrubs or landscaping shall be permitted within any required clear sight triangle.

1) At all intersections of streets, private roads and/or access drives, proper sight lines must be maintained as defined in accordance with the street design and intersection sight distance sections of this chapter.

2) No existing walk, fence, sign, or other structure shall be altered, erected or constructed and no hedge, trees, shrubs, or other growth shall be maintained or permitted which may cause danger to traffic on a public road by obscuring the view within the clear sight triangle.

3) No building, structure, grade or planting higher than two feet above the center line of the street shall be permitted within such clear sight triangle or in any area between the cartway and the right-of-way. Where no such right-of-way is defined, there shall be no such plantings over two feet tall in height, at maturity, for a distance of 25 feet from the center line for local streets and 30 feet from the center line for collector streets.

(g) Native plants shall be incorporated as appropriate and meet the standards as listed in Subsection 1F, "Recommended Landscape Plantings," list.

(h) To the maximum extent practicable, mature, healthy trees of at least 12 inches in caliper and other significant existing vegetation shall be retained and protected in accordance with Subsection 1E, "Protection During Construction," of this chapter. Such trees shall not be removed, except as provided on the approved subdivision and/or land development plan.

(i) The subdivider or land developer and/or applicant shall be required to preserve all historic trees and, where required by the Township, shall be responsible for contacting the Pennsylvania Historic and Museum Commission (PHMC) to verify historical significance of the trees. If significance is documented, the Township may require review of the proposed development by PHMC.

(2) Parking Area Landscaping. In addition to the requirements of the Cumberland Township Zoning Ordinance [Chapter 27], the following shall apply:

(a) A layer of mulch four inches deep shall be applied and maintained in all landscape areas or other approved material such as landscape stone.

(b) Curbing shall be installed to separate the vegetative island areas from vehicular traffic. However, sumped vegetative areas will be considered when used as a stormwater management device.

(c) The plant material should be located so as to accomplish one or more of the following purposes: screening, retard stormwater runoff, direct or restrict pedestrian access, stabilize steep slopes, to help visually define travel lanes through or next to the parking lot, define spaces, provide shade and/or complement and enhance the building and grounds.

(d) Deciduous street trees shall have a minimum branching height no lower than six feet from finished grade, all other plant material used for interior landscaping shall not be over three feet in height at maturity, including but not limited to, shrubs, annuals, and perennials.

(e) All parking areas located greater than 200 feet from the intended land use shall be provided with paved accessible pedestrian walkways and elevated islands. Such walkways may occupy portions of the landscaped areas and be interrupted by necessary vehicular travel lanes. Wheelchair ramps meeting ADA requirements shall be provided.

(3) Commercial/Industrial Area Landscaping. In addition to requirements of the Cumberland Township Zoning Ordinance [Chapter 27] and this sections of this chapter, the following shall apply:

(a) When a district boundary is a public street no buffer yard shall be required, unless the public street is adjacent to residential and/or lots used for residential purposes, then a buffer yard shall be required in accordance with § 27-1201, Subsection 4, of the Zoning Ordinance [Chapter 27].

(b) At the Township's discretion, additional site landscaping around proposed buildings or structures may be required.

D. Maintenance and Guarantee.

(1) All landscaping, buffer yards and plant screening shall be installed and continually maintained by accepted practices as recognized by the American Association of Nurserymen.

(2) No trees, shrubs, or landscaping shall be placed where they might interfere with the construction, use, or maintenance of any public or private sewage disposal system, water supply, or other utility/facility including sidewalks.

(3) All landscaping vegetation should be placed clear of both existing and proposed utilities including gas, water and sewer pipes and underground and overhead utilities such as electrical, cable and telephone wires.

(4) Planting and maintenance of all landscaping vegetation shall include, but not necessarily be limited to, provisions for surface mulch, guy-wires and stakes, irrigation, fertilization, insect and disease control, pruning, mulching, weeding, watering, replacement of dead plant material and be kept free of all debris and rubbish.

(5) Any tree, shrub or landscaping which dies within 18 months of planting shall be replaced by the subdivider, developer or homeowner at his expense. Any street tree which dies after the eighteen-month period shall be replaced within one year by the owner of the land on which such tree was located.

(6) All final landscaping plans shall be accompanied by a cost estimate prepared by the landowner or developer. The cost estimate shall be evaluated by the Township and revised by the Township if necessary. The cost estimate shall serve as a basis of establishing an escrow account related to landscaping.

(7) The applicant shall make arrangements acceptable to the Township for the property's long-term landscape maintenance. The applicant shall provide the names, addresses and telephone numbers of those persons or organizations who will be assuming such responsibilities.

(8) At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and/or replacement of the proposed vegetation during an eighteen-month replacement period. In addition, an escrow may be required for the removal and replacement of specimen trees damaged during construction.

E. Protection During Construction.

(1) Protection of trees and existing vegetation to be retained during construction shall be required subject to the following:

(a) Trees of 12 inches caliper or more shall be preserved to the extent possible. The Board may require the landowner or developer to plant one tree of not less than two inches in caliper for each tree of 12 inches caliper or more to be destroyed.

(b) No soil shall be placed around trunks of preserved trees that are to be retained. For those trees which are to remain, tree wells may be required to preserve such trees when final grading exceeds five inches in depth around preserved trees.

(c) Trees to remain shall be protected with construction fence placed at the limit of the drip line around said trees.

(d) No boards or other material shall be nailed to trees during construction, and no trees to remain shall be sprayed with paint.

(e) Feeder roots of trees to remain shall not be cut closer than the drip line.

(f) Operation of heavy equipment shall not be allowed over root systems to prevent soil compaction.

(g) Tree trunks and exposed roots damaged during construction shall be protected from further damage by being pruned flush, and if trunks are scarred, they shall be traced out for proper healing.

(h) Tree limbs damaged during construction shall be sawed flush to tree trunks and treated with tree paints as necessary.

(i) Trees shall be given heavy application of fertilizer to aid in their recovery from possible damage caused by construction operations.

(j) Construction debris shall not be disposed of on site.

F. Recommended Landscape Plantings.

(1) Shade Trees.

	Botanical Name	Common Name	Height in Feet at Maturity
	*Acer rubrum	Red Maple (N)	75
	*Acer saccharum	Sugar Maple (N)	100
	Betula nigra	River Birch (N)	70
	*Carpinus betulus	European Hornbeam	60
	*Celtis occidentalis	Common Hackberry (N)	120
	Cercidiphyllum japonicum	Katsura Tree	75
	Fraxinus americana	White Ash (N)	120
	Fraxinus pennsylvanica lanceolata	Green Ash (N)	60
	*Ginko biloba (males only)	Ginko, Maidenhair Tree	120
	*Gleditsia tricanthos 'inermis'	Common Honeylocust	120
	Gymnocladus dioicus	Kentucky Coffee-tree (N)	90
	Liquidambar styraciflua	Sweet Gum (N)	75
	Liriodendron tulipifera	Tulip Tree (N)	150
	*Nyssa sylvatica	Black Gum (N)	50
	*Plantanzus x acerifolia	London Planetree	50
	*Quercus palustris	Pin Oak	70
	Quercus rubra	Red Oak (N)	75
	*Quercus prinus	Chestnut Oak (N)	70
	*Tilia tomentosa	Silver Linden	70
	*Tilia cordata	Littleleaf Linden	90
	*Ulmus americana	American Elm (N)	120
	*Zelkova serrata	Japanese Zelkova	80

(2) Small/Ornamental Trees.

	Botanical Name	Common Name	Height in Feet at Maturity
	^*Acer buergeranum (tree form)	Trident Maple	30
	*Acer campestre	Hedge Maple	45
	Acer griseum	Paper Bark Maple	40
	^Amelanchier canadensis (tree form)	Serviceberry (N)	30
	Betula populifolia	Gray Birch (N)	30
	*Carpinus caroliniana	Ironwood, American Hornbeam (N)	35
	^Cercis canadensis	Eastern Redbud (N)	36
	^Chionanthus virginicus	Fringetree (N)	30
	*Cladrastis lutea	American Yellow-wood (N)	50
	Cornus florida	Flowering Dogwood (N)	40
	Cornus kousa	Kousa Dogwood	40
	^Cornus mas	Cornelian Cherry	24
	Halesia carolina	Carolina Silverbell (N)	40
	^Koelreuteria paniculata	Golden-rain Tree	30
	^Magnolia stellata	Star Magnolia	20
	^Magnolia virginiana	Sweet Bay Magnolia (N)	20
	^*Malus floribunda	Japanese Flowering Crab	30
	^*Malus 'Red Barron'	Red Barron Flowering Crabapple	20
	*Ostrya virginiana	Hop-hornbeam (N)	40
	^*Oxydendrum arboretum	Sourwood (N)	30
	*Parrotia persica	Persian Parrotia	40
	^*Phellodendron amurense	Amur Corktree	30
	*Prunus sargentii	Sargent Cherry	50
	^*Prunus serrulata 'Kwanzan'	Kwanzan Cherry	25
	Stewartia pseudocamellia	Japanese Stewartia	40
	^Syringa amurensis japonica	Japanese Tree Lilac	30
	*Ulmus parvifolia	Chinese Elm	40

(3) Evergreen Trees.

	Botanical Name	Common Name	Height in Feet at Maturity
	Abies concolor	White Fir (N)	90
	Chamaecyparis nootkatensis 'pendula'	Weeping Nootka False-Cypress	35
	Chamaecyparis thyoides	Atlantic White Cedar (N)	50
	Ilex opaca	American Holly (N)	45
	Juniperus virginiana	Eastern Red Cedar (N)	90
	Picea abies	Norway Spruce	120
	Picea omorika	Serbian Spruce	90
	Picea pungens	Colorado Spruce (N)	100
	Pinta flexilis	Limber Pine (N)	50
	Pinus strobus	Eastern White Pine (N)	100
	Pinus strobus 'Fastigiata'	Pyramidal White Pine (N)	40
	Pinus thunbergi	Japanese Black Pine	90
	Pseudotsuga taxifolia	Douglas Fir (N)	100
	^Thuja occidentalis 'pyramidalis'	Pyramidal Arborvitae (N)	15
	^Thuja occidentalis 'Emerald'	Emeral Arborvitae (N)	15
	Tsuga canadensis	Canadian Hemlock (N)	90

(4) Deciduous Shrubs.

	Botanical Name	Common Name	Height in Feet at Maturity
	Aesculus parviflora	Bottlebrush Buckeye (N)	12
	Aronia arbutifolia	Red Chokeberry (N)	8
	Aronia melanocarpa	Black Chokeberry (N)	8
	Buddleia davidii and cultivars	Butterflybush	15
	Calycanthus floridus	Common Sweetshrub	9
	Cephalanthus occidentalis	Bottonbush (N)	10
	Chaenomeles speciosa	Common Flowering Quince	10
	Clethra alnifolia and cultivars	Summersweet Clethra	8
	Cornus alba and cultivars	Tatarian Dogwood	10
	Cornus amomum	Silky Dogwood (N)	10
	Cornus racemosa	Gray Dogwood (N)	15
	Cornus sericea	Redosier Dogwood (N)	9
	Cotinus coggygria and cultivars	Smokebush	15
	Fothergilla major	Large Fothergilla (N)	10
	Hamamelis virginiana	Common Witchazel (N)	20
	Hydrangea quercifolia	Oakleaf Hydrangea (N)	6
	Ilex verticillata	Common Winterberry (N)	10
	Itea virginica	Virgina Sweetspire (N)	6
	Lindera benzoin	Spicebush (N)	10
	Myrica pennsylvanica	Northern Bayberry (N)	12
	Philadelphus virginalis	Sweet Mockorange	12
	Physocarpus opulifolius	Common Ninebark (N)	9
	Sambucus canadensis	American Elder (N)	12
	Spiraea x vanhouttei	Van Houtte Spiraea	10
	Symphoticarpos albus	Common Snowberry (N)	6
	Syringa vulgaris and hybrids	Common Lilac	15
	Vaccinum corymbosum	Highbush Blueberry (N)	12
	Viburnum acerifolium	Mapleleaf Viburnum (N)	6
	Viburnum carlesii	Korean Spice Viburnum	5
	Viburnum dentatum	Arrow Wood Viburnum (N)	12
	Viburnum dilataum and cultivars	Linden Viburnum	6
	Viburnum lentago	Nannyberry Viburnum (N)	18
	Viburnum plicatum tomentosum	Doublefile Viburnum	8
	Viburnum prunifolium	Black Haw Viburnum (N)	15
	Viburnum trilobum and cultivars	American Cranberrybush (N)	12

(5) Evergreen Shrubs.

	Botanical Name	Common Name	Height in Feet at Maturity
	Chamaecyparis pisifera 'Boulevard'	Boulevard False Cypress	12
	Ilex glabra	Inkberry (N)	8
	Juniperus chinensis shrub cultivars	Chinese Juniper	3-15
	Kalmia latifolia	Mountain Laurel (N)	15
	Leucothoe fontanesiana	Drooping Leucothoe (N)	6
	Picea glauca 'conica'	Dwarf Alberta Spruce	10
	Pieris floribunda	Mountian Pieris (N)	6
	Pinus mugo	Mugho Pine	6
	Rhododendron catawbiense & cultivars	Catawba Rhododenron (N)	10
	Rhododendron 'P.J.M.'	and cultivars P.J.M. Rhododendrons	6
	Taxus x media and cultivars	Yew 3-12
	Thuja occidentalis 'Techny'	Mission Arborvitae	8

	Note: Upon approval by Cumberland Township other landscaping types may be permitted.
	(N) Indicates a 'Native' species to the continental United States.
	^ - Acceptable tree for under electric lines and restricted spaces
	* Acceptable Street Tree

§ 22-415 Recreation Areas/Facilities.

[Ord. 07-117, 11/13/2007, § 415]

1. The purpose of this section is to implement requirements relating to dedication of land from new development to provide needed park and recreation opportunities as outlined in Article V, § 503(11) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10503(11).

A. General Requirements. This section applies to proposals that would create new residential development in excess of 10 or more lots or dwelling units and to nonresidential development in excess of 10 acres or more.

B. Standards for Compensation.

(1) The proportion of the development to be dedicated to the Township for park and recreation purposes shall be no less than 0.10 acres per lot or dwelling unit, or a fee of $1,000 per lot or dwelling unit, which ever is more for residential development.

(2) Nonresidential development shall dedicate no less than 0.05 acres per 1,000 square feet of building floor area, or a fee of $500 for per 1,000 square feet of building floor area.

(3) Acceptable dedicated land as outlined in Subsection 1E shall be dedicated to the Township for parks and recreation opportunities. A fee as outlined above may be paid in lieu of the standard land dedication amount. Alternatives to dedication of land will be considered by the Township as outlined in Subsection 1H.

(4) The Township will have the ultimate right to decide on dedicated land or fee compensation on a site by site basis upon hearing recommendations from the Planning Commission and the Park, Recreation, and Open Space Committee.

(5) Standards for compensation may be increased in the future by resolution.

C. Park and Recreation Facilities and Accessibility. Dedicated land or fees, or combination thereof, shall be used for the purpose of providing park or recreation facilities accessible to the development. Accessible facilities to the development shall be located within the park and recreation district of the Township from which the development site is located. Park and recreation districts designated by the Township shall be determined by resolution and depicted on the Cumberland Township Park and Recreation Districts Map.

D. Formally Adopted Recreation Plan. The Township has formerly adopted by Resolution 02-12, the "Adams County Vision for Parks, Recreation, and Open Space" plan, as the Cumberland Township Parks, Recreation, and Open Space Plan. The Township may amend this plan by Resolution as needed in the future to fulfill the park, recreation, and open space goals of the Township.

E. Acceptable Dedicated Land. The land to be dedicated must be free of any construction debris and comply with the following requirements and restrictions:

(1) Land shall not be located within any floodway.

(2) Land shall not include more than 10% wetlands or hydric soils.

(3) Land shall not have slopes greater than 8%.

(4) Land shall not be located in any existing or proposed stormwater management facility.

(5) Land shall not include areas with any environmental, health, or safety concern.

(6) Land shall have at least one vehicle access area that is a minimum of 20 feet in width.

(7) Land shall not be a part of any other ordinance requirement relating to setbacks, buffers, and/or open space and greenways.

Acceptable dedicated land outside of the project site but within the park and recreation district of the project site is allowed on a case by case basis by the Township.

F. Processing of Fees. All fee compensations, upon receipt will be deposited in an interest-bearing account, clearly identifying the specific district from which the fee was received. All fees must be paid prior to approval of "final" plan. If the development is a subdivision with "preliminary" approval, then only fees for each phase which has obtained "final" approval would be required to be paid to the Township.

(1) If a developer chooses to pay such fees in phases, then such fees shall not have been considered to be fully paid for the purpose of establishing the time limit as outlined in § 503(11)(vii) of the Municipalities Planning Code, 53 P.S. § 10503(11)(vii), until payment of all phases of the development have been paid to the Township.

(2) Funds from such accounts shall be expended only in properly allocable portions of the cost incurred to construct the specific recreation facilities for which the funds were collected.

(3) Up to 25% of the fees collected within any park and recreation district can be utilized for a regional or community wide project located fully or partially within the Township.

G. Failure to Utilize Fees. Upon request of any person who paid any fee under this section, the Township shall refund such fee, plus interest accumulated thereon from the date of payment, if the Township had failed to utilize the fee paid for the purpose set forth in this section within three years from the date such fee.

H. Alternatives to Dedication. The developer may use one of the following alternatives or a combination of alternatives in lieu of land dedication, provided the Township approves of such alternatives:

(1) Paying a fee in lieu of dedication of land as outline in Subsection 1B above.

(2) The construction of new and/or improved existing recreation facilities located within the same park and recreation district as the development site. Such facilities shall have public access and be privately maintained upon approval by the Cumberland Township Park, Recreation, and Open Space Committee. The cost for land and capital improvements shall be considered equal to fee in lieu of requirements as outlined in Subsection 1B above.

(3) Dedication of land or permanent easement to the Township with a minimum twenty-foot wide public access to the open space and or greenways will be considered by the Township based on the following equivalent compensation value:

(a) Opens space and/or greenways with a minimum width of 50 feet along or surrounding navigable creeks, streams or other surface water shall have an equivalent land compensation value of twice (or 200% of) the actual surface area of the land.

(b) Open space and/or greenways with a minimum width of 50 feet that traverse through the property along ridge lines with views or along any perimeter of the development site shall have an equivalent land compensation value of twice (or 200% of) the actual surface area of the land.

(c) Open space and/or greenways that contain more than 75% tree masses as defined in Part 2 of this chapter, and which traverse along property lines and/or natural features shall have an equivalent land compensation value of twice (or 200% of) the actual surface area of the land.

(d) Open space and/or greenway lands that possess natural or man-made features relating to natural resources, cultural and/or historic significance as determined by the Township shall have an equivalent land compensation value of twice (or 200% of) the actual surface area of the land.

(4) Provide a combination of the above items upon approval by the Township.

Note: Such dedication of land or easements relating to open space and greenways shall be in addition to any other Township ordinance requirements.

2. Recreational Area Design Criteria.

A. Recreational areas shall be undivided by any streets, except where necessary to provide for proper traffic circulation and then only upon the recommendation of the Township Engineer and Planning Commission.

B. Recreational areas shall be centrally located and readily accessible to the areas that they serve.

C. Recreational areas shall be suitably landscaped either by retaining existing vegetation and wooded areas and/or by a landscaping plan for enhancing open space areas through plantings which are consistent and compliment the adjacent area.

D. Recreational areas shall be free of all structures, except those related to outdoor recreational uses.

E. Recreational areas shall be provided with sufficient perimeter parking (at discretion of Township) and with safe and convenient access by adjoining street frontage or other right of way easements capable of accommodating pedestrian, bicycle, maintenance and vehicle traffic.

F. Recreational areas shall be suitable for active recreational uses to the extent deemed necessary by the Township, without interfering with adjacent dwelling units, parking, driveways and roads. Land to be used for active recreation shall not be in floodplain, on slopes exceeding 6%, in wetlands, stormwater facilities, or comprised of surface water.

G. The cost associated with the development of recreational facilities/areas shall be bonded as in the case of other public improvements bonding.

H. Maintenance responsibilities for recreational facilities/areas that will not be dedicated to the Township shall be included on the plans.

I. The plans shall indicate the extent of recreational areas and outline the general layout of proposed recreational facilities.