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Township of East Coventry, PA
Chester County
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Table of Contents
Table of Contents
[Ord. 179, 8/8/2011, § I]
1. 
The following standards shall be complied with in all subdivision and land development, and are intended as the minimum for the promotion of the public health, safety and welfare. If an applicant, however, can clearly demonstrate to the satisfaction of the Board that because of peculiar conditions pertaining to his land, the literal enforcement of these standards would cause undue hardship, such variations from their literal interpretation may be permitted as may be reasonable and consistent with the purpose and intent of this chapter, subject to the satisfaction of § 22-704 of this chapter. Such variations shall represent the least change from the standard.
2. 
All proposed subdivisions shall comply fully with the existing zoning regulations applicable to the land, and no parcel of land shall be created, either by inclusion or exclusion from a proposed subdivision, that cannot be properly utilized for a permitted use under the existing zoning regulations.
3. 
Physical improvements to the property being subdivided shall be provided, constructed and installed as shown on the Plan of Record, in accordance with the requirements of the Township.
4. 
The design of all improvements in a subdivision or land development shall be in accordance with the design specifications, standards and requirements as set forth in this chapter and/or other applicable ordinances or, in the absence of the foregoing, in accordance with the applicable provisions of the latest design specifications of the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection and/or such other governmental agency or body which promulgates or otherwise issues design standards, specifications and requirements relevant to the work. In the event that there are no design specifications, standards or requirements, as aforesaid, applicable to the design and construction of any improvements, or parts thereof, in a subdivision or land development, the design, and the specifications, standards and requirements proposed by the applicant for such improvements shall be subject to the approval of the Township Engineer.
[Ord. 179, 8/8/2011, § I]
1. 
No land shall be developed for residential purposes unless all known hazards to life, health, or property from flood, fire and disease shall have been eliminated or unless the plans for the development shall provide adequate safeguard against such hazards.
2. 
If, in the opinion of the Planning Commission, an applicant proposes streets or building development which would destroy existing tree growth, whether by reason of street alignment, grading or otherwise, the Planning Commission may recommend to the Board of Supervisors:
A. 
That the Board not approve the preliminary plan.
B. 
An alternate method of subdivision which would preserve as many of the existing trees as is reasonably possible that are of eight inch and greater DBH.
C. 
That, as a condition of the Board's approval, the applicant be required to plant two new trees of not less than 2 1/2 inch caliper for every existing tree of eight inch and greater DBH which would be destroyed, such new trees to be planted on the lots and not as street trees, as approved by the Board.
(1) 
Where approved by the Board of Supervisors as a condition of subdivision or land development approval, required replacement trees may be substituted for greater numbers of trees of smaller caliper than otherwise required.
(2) 
Required replacement plantings shall be in addition to any required street trees or other landscape material required under applicable provisions of this chapter or the Zoning Ordinance [Chapter 27].
(3) 
Where approved by the Board of Supervisors as a condition of subdivision or land development approval, some or all of the required replacement plantings may be installed at a site other than that subject to required replacement planting.
(4) 
In lieu of actual tree replacement, the Board of Supervisors may request an applicant to place the equivalent cash value, as agreed upon by the Township and the applicant, of some or all of the required replacement trees into a special fund established for that purpose. Such fund shall be utilized by the Township for the purchase and installation of trees elsewhere in the Township.
The purpose of this particular regulation shall be to maintain the supply of natural vegetation, prevent erosion of the topsoil on the site and surrounding properties, foster the retention of ground water supply and generally promote the health, safety and welfare of the citizens.
[Ord. 179, 8/8/2011, § I]
1. 
General Lot Design Standards.
A. 
Lot dimensions, areas and orientation shall be appropriate for the type of development and use contemplated, and sufficient to provide the required space for off-street parking and other accessory uses.
B. 
Side lot lines shall be at right angles to straight street lines, and radial to curved street lines and cul-de-sac turnarounds.
C. 
Lot lines shall follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.
2. 
Tract Frontage Standards.
A. 
All tracts proposed for subdivision or land development shall have direct access to a public street and, where applicable, shall have a frontage in accordance with zoning standards, but in no case shall such access be less than the minimum width required for right-of-ways pursuant to § 22-406, Subsection 1, plus such additional area as may be necessary to accommodate required landscaping under § 22-428, with the ability to demonstrate adequate traffic safety to enter the public street.
B. 
Any proposed lots abutting an existing or proposed arterial or collector street in the Township shall be designed as reverse frontage lots having access to the street with a lower function, as required in the Zoning Ordinance [Chapter 27].
C. 
All residential lots using reverse frontage shall have a rear yard with a minimum depth of 75 feet, measured in the shortest distance from the proposed dwelling unit to the proposed right-of-way, and shall, within such rear yard and immediately adjacent to the right-of-way, have an easement for a landscape screen at least 20 feet in width, across which there shall be no right of access.
3. 
Building Setback Lines. The minimum building setback line shall be in accordance with the Zoning Ordinance [Chapter 27].
4. 
Interior Lots. No interior lots shall be permitted in accordance with the Zoning Ordinance [Chapter 27].
5. 
Crosswalks.
A. 
Crosswalks may be required by the Board of Supervisors, as recommended by the Planning Commission, to facilitate pedestrian circulation and to give access to community facilities where situations warrant concern for the safety and welfare of Township residents.
B. 
The design and installation of required crosswalks shall be in accordance with the provisions of the Federal Highway Administration "Manual on Uniform Traffic Control Devices" and approved by the Township Engineer.
[Ord. 179, 8/8/2011, § I]
1. 
Monument Standards.
A. 
Permanent concrete monuments shall be accurately placed along the right-of-way line of all existing and proposed streets internal to or abutting the exterior boundary of each property subject to subdivision or land development at the following locations:
[Amended by Ord. 209, 12/12/2016]
(1) 
At least one monument at each intersection.
(2) 
At changes in direction of street lines.
(3) 
At each end of each curved street line (e.g., points of curvature and tangency); only one side of each street need be monumented.
(4) 
An intermediate monument wherever topographical or other conditions make it impossible to sight between two otherwise required monuments.
(5) 
At such other places along the line of streets as may be determined by the Township Engineer to be necessary so that any street may be readily defined in the future.
B. 
All monuments shall be placed by a registered professional engineer or surveyor so that the scored point created by an indented cross or drilled hole in the top of the monument shall coincide exactly with the point of intersection of the lines being monumented.
C. 
Monuments shall be set with their top level with the finished grade of the surrounding ground.
D. 
[1]Utility pipeline rights-of-way shall be monumented at all property lines.
[1]
Editor’s Note: Former Subsection 1D was repealed 12/12/2016 by Ord. 209, which ordinance also provided for the renumbering of the remaining subsections.
E. 
Common open space and community sewage disposal areas shall be monumented.
2. 
Marker Standards.
A. 
Markers (lot pins) shall be accurately placed at all lot corners within a subdivision or land development, at the intersection of all lines forming angles and at changes in directions of lines in the boundary (perimeter) of each property subject to subdivision or land development, except along a street right-of-way.
[Amended by Ord. 209, 12/12/2016]
B. 
Markers shall consist of solid iron rods or pins, with a minimum diameter of 1/2 inch, and shall have a minimum length of 36 inches and installed vertically.[2]
[2]
Editor’s Note: Former Subsection 2C, which immediately followed this subsection, was repealed 12/12/2016 by Ord. 209.
[Ord. 179, 8/8/2011, § I]
1. 
Proposed streets shall be consistent with such street plans or parts thereof as have been prepared and officially adopted by the Township, including without limitation, recorded subdivision plans and the Roadway Classification Map of the Township, as amended from time to time.
2. 
Proposed streets shall further conform to such Township, county and state road and highway plans as have been prepared, adopted and/or filed as prescribed by law.
3. 
Thoughtful and imaginative design of streets and their relationship to the arrangement and shape of lots is required. An important element is the blending with topography to produce curvilinear design and reasonable grades. The rectilinear design of streets and lots, involving long straight sections of street, shall be avoided.
4. 
Local streets shall be laid out so as to discourage through traffic, but provisions for street connections into and from adjacent areas may be required.
5. 
Where a proposed major subdivision abuts or contains an existing or proposed major thoroughfare, the Board shall require dedication of additional right-of-way specified hereinafter and marginal access streets, rear service alleys, reverse frontage lots, or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the major thoroughfare and separation of local and through traffic.
6. 
Dead end streets shall not be permitted.
7. 
Where streets and other public improvements continue into adjoining municipalities, evidence of compatibility of design, particularly with regard to street widths, shall be submitted and approved by both municipalities. The applicant shall coordinate such design with both municipalities to avoid abrupt changes in cartway width or in improvements provided.
8. 
Where a proposed major subdivision abuts an existing subdivision having a dedicated street or cul-de-sac bulb dead-ending at a common property line, the proposed major subdivision shall make provision for extension of such dedicated street within the proposed subdivision.
9. 
Where lots abut an existing street, additional paving or other street improvements shall be required for such an existing street to the extent deemed by the Board to be in the public interest.
[Amended by Ord. No. 228, 12/10/2018]
10. 
If lots resulting from original subdivision are large enough to permit resubdivision, or if a portion of the tract is not subdivided, adequate street rights-of-way to permit further subdivision shall be provided in accordance with § 22-406 of this chapter.
[Ord. 179, 8/8/2011, § I; as amended by Ord. 192, 8/13/2012, § I]
1. 
For all new streets in the Township, the minimum width for the right-of-way, cartway and each shoulder shall be as follows:
Street Function
Right-of-Way Width
Paved Cartway Width
Each Shoulder1 Width
Arterial Streets
Principal Arterial
Per PennDOT
Per PennDOT
Per PennDOT
Minor Arterial
60'
28'
8'
Collector Streets
Major Collector
60'
28'
8'
Minor Collector
52'
28'
6'
Local Streets
Primary Distributor
52'
28'
4'
Secondary Distributor
52'
28'
4'
Local Access Streets2 (with curb)
52'
28'
None
Local Access Streets2 (without curb)
50'
24'
4'
Cul-de-Sac Street
52'
28'
4'
Alley
20'
16'
Commercial Streets
60'
28'
8'
Cul-de-Sac Street
60'
28'
8'
NOTES:
1
If curbs are provided, see the Standard Public Improvement Specifications for curb and sidewalk construction.
2
Including single access loop streets and residential culs-de-sac. Dimensions include turnaround area (see § 22-411).
2. 
Divided cartway streets (or boulevards), or parts thereof, may be permitted subject to approval by the Board of Supervisors, upon recommendation of the Planning Commission, and the following requirements:
A. 
Each cartway shall be one-way and 12 feet in width with a shoulder or curb as required in Subsection 1, above.
B. 
The minimum separation between cartways shall be 10 feet and shall not exceed 20 feet, and such separation area shall be landscaped according to a plan recommended by the Planning Commission and approved by the Board of Supervisors.
C. 
Each side of each cartway shall be curbed, where required, with curbs meeting the specifications of Section 5 of the Standard Public Improvement Specifications.
D. 
The minimum right-of-way of divided cartway streets shall meet the requirements of Subsection 1 plus one foot for each foot of separation between one-way cartways.
3. 
Marginal access streets shall be designed based on the appropriate street characteristics noted in Subsection 1 to provide adequate access to the existing and future land uses being served by the facility. A marginal access street serving residential uses shall be considered a local access street. A marginal access street serving commercial and industrial uses shall be considered a commercial street.
4. 
The Township may require additional right-of-way and cartway widths for the following purposes:
A. 
To promote public safety and convenience.
B. 
To provide parking space in commercial districts and on-street parking in areas of high-density residential development.
C. 
To accommodate special topographic circumstances which may result in cut/fill slopes extending beyond the standard right-of-way in all circumstances to assure accessibility for maintenance operations.
5. 
Rights-of-way of lesser width than prescribed in this section shall not be permitted.
6. 
Subdivisions abutting existing streets shall be required to provide, for dedication, sufficient land to provide the ultimate right-of-way for such existing streets in accordance with the provisions of this section.
7. 
Where a subdivision or land development abuts an existing street of improper cartway or right-of-way width or alignment, the Board of Supervisors shall require the dedication of land sufficient to widen the street or correct the alignment and require the installation of improvements and/or the escrow of money where deemed necessary in order to improve said cartway.
[Amended by Ord. 209, 12/12/2016]
8. 
No fences, hedges or plantings shall be permitted within the right-of-way of any street.
[Ord. 179, 8/8/2011, § I]
In the case where lots created within a subdivision are large enough to accommodate either further subdivision, or a higher intensity of development, and thus may result in higher traffic levels, the Township may require that additional right-of-way be provided to permit the future development of a higher order street.
[Ord. 179, 8/8/2011, § I]
1. 
There shall be a minimum center-line grade of 1%. Center-line grades shall not exceed the following:
Street Function
Maximum Grade
Arterial
6%
Collector
7%
Local
8%
Commercial
5%
2. 
In the approach to an intersection, the street grade shall not exceed the following percentage for the classification of street indicated below. These approach grades shall extend for a minimum of 100 feet from the nearest right-of-way of the intersection street:
Street Function
Maximum Grade
Arterial
3%
Collector
4%
Local
6%
Commercial
3%
3. 
At all changes of street grades where the difference in center-line slope exceeds 1%, vertical curves shall be provided per AASHTO, "A Policy on Geometric Design of Highways and Streets."
4. 
Under no circumstances shall maximum grades be permitted using the minimum curve radii.
[Ord. 179, 8/8/2011, § I]
1. 
Whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves. Horizontal curves shall be provided in accordance with AASHTO, "A Policy on Geometric Design of Highways and Streets," as amended.
2. 
The minimum center-line radii for horizontal curves shall be provided per AASHTO, "A Policy on Geometric Design of Highways and Streets," as amended. Center-line radii and superelevation shall be provided in accordance with AASHTO Standards.
3. 
A tangent of at least 100 feet shall be introduced between all horizontal curves on collector and arterial streets and between reverse curves on local streets.
4. 
Super elevation in accordance with PennDOT standards shall be required when curve radii are less than 600 feet on arterial streets.
[Ord. 179, 8/8/2011, § I]
1. 
Right angle intersections shall be required.
2. 
No more than two streets, creating a four-way intersection, shall cross at the same point.
3. 
Intersection spacing shall be measured from center line to center line and shall be based on the following requirements:
A. 
Intersections along arterials shall be located not less than 1,000 feet from another arterial or collector street, or not less than 500 feet when intersected by any other lower classified street type.
B. 
Intersections along collector streets shall be located not less than 500 feet from an arterial street, or not less than 250 feet from any other classified roadway.
C. 
Any intersection by a local street, marginal access street, or commercial driveway, regardless of the major street classification, shall be not less than 150 feet from another roadway.
D. 
Additional intersection spacing beyond these requirements shall be required when needed to provide efficient traffic flow, avoid queuing issues, or accommodate turning lanes, as determined by a traffic impact study.
E. 
Intersection spacing less than the required minimums shall be considered by the Board of Supervisors if a traffic study identifies a traffic benefit for the surrounding roadway network or no adverse conditions will be created as a result of the reduced intersection spacing.
F. 
New streets or major driveways serving a development shall intersect streets opposite another street or major driveway, or shall comply with the offset requirements of Subsection 4 below.
4. 
Streets entering from opposite sides of another street forming two T-intersections shall be offset based on the following criteria:
A. 
When the offset intersections occur along a local, commercial or collector roadway, the intersecting streets shall be offset by the following minimum spacing requirements as measured from center line to center line:
(1) 
When the intersecting roadways are two local streets or a driveway to a major development, or at least one intersecting roadway is a collector street, then the roadways shall be offset by 150 feet.
(2) 
When the two intersecting roadways are collector streets, then the roadways shall be offset by 250 feet.
(3) 
When the intersecting roadways are both collector streets, or at least one intersecting roadway is an arterial street, then the roadways shall be offset by 500 feet.
(4) 
Additional intersection spacing beyond these requirements shall be provided when needed to provide efficient traffic flow, avoid queuing issues, accommodate turning lanes, or if either of the intersecting roadways is signalized, as determined by a traffic impact study.
B. 
When the offset intersections occur along an arterial street, the intersecting streets shall be offset in accordance with Subsection 3A above.
C. 
Near-right/Far-left offsets (i.e., the first intersecting street is located to the right and the second intersecting street is located to the left) should be avoided on non-local roads to the extent feasible to reduce conflicts between intersections for left-turn vehicles. Additional offset spacing may be required, as determined by a traffic impact study, beyond the minimum criteria set forth in Subsection 4A.
5. 
Where curbs are required, curb radii shall not be less than 35 feet, forming a tangential arc, and the top curb grade lines for intersecting streets shall be so designed that would meet at a common point if projected. For all intersections involving an arterial street, a forty-foot radius shall be required, and on commercial streets a fifty-five-foot radius shall be required.
6. 
Obstructions to Vision.
[Amended by Ord. No. 228, 12/10/2018]
A. 
All driveway and street intersections shall be designed and maintained in such a manner that a clear view is obtained for vehicles entering and exiting the intersection or driveway, according to the following:
(1) 
The measurement and calculation of required sight distances for all driveways and intersections shall be in accordance with the Pennsylvania Code, Title 67, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads, as amended from time to time.
(2) 
PennDOT-recommended sight distance requirements are typically based upon the posted speed limit. However, in those instances where the speed of traffic may create an unsafe sight distance as determined by the Township Traffic Engineer, the applicant may be required to verify the 85th percentile speed of traffic. If it is impossible to achieve PennDOT-recommended sight distances, then the minimum acceptable sight distance values may be used based upon the 85th percentile speed of traffic, if necessary, upon recommendation of the Planning Commission and the Township Traffic Engineer.
(3) 
If recommended by the Planning Commission upon advice of the Township Traffic Engineer, the applicant shall provide a sight distance profile plan verifying adequate sight distance exists which shall be acceptable to the Planning Commission and the Township Traffic Engineer. The profile plan shall be prepared by a Pennsylvania licensed professional engineer and shall show at least the following: existing roadway profiles (spot elevations at fifty-foot increments and twenty-five-foot increments along vertical curves), proposed roadway profiles, all sight line profiles (six inches or more of sight line clearance above the finished grade), proposed site grading and temporary grading easements.
B. 
On any lot, no wall, fence or other obstruction shall be erected, allowed or maintained, and no hedge, tree, shrub or other plant material shall be planted or exist, which obscures the view of approaching traffic along streets or at intersections.
C. 
On a corner lot, nothing shall be erected, placed or allowed to grow which obscures the view within a clear sight triangle defined by the following:
(1) 
Above the height of 2 1/2 feet and below the height of 12 feet measured from the center line grades of the intersecting streets.
(2) 
Within the area bounded by the center line of intersecting streets and a line joining points on these center lines 75 feet from an intersection of center lines of such streets.
7. 
Greater safe sight distance dimensions imposed by PennDOT for intersections with the state highway system shall supersede the above.
8. 
Whenever a subdivision abuts or contains an existing or proposed street with an ultimate right-of-way of 60 feet or more, the Planning Commission may recommend and the Board may require restriction of access to the street by:
A. 
Provision of reverse frontage lots.
B. 
Provision of service streets along the rear of the abutting lots, together with prohibition of private driveways intersecting the streets.
C. 
Provision of marginal access streets, provided that the reserve strips establishing such marginal access streets shall be dedicated to the Township under an agreement meeting the approval of the Township.
[Ord. 179, 8/8/2011, § I]
1. 
A single access street shall not be approved wherever a through street is feasible as determined by the Board of Supervisors upon recommendation of the Planning Commission.
2. 
A cul-de-sac street shall only be permitted when emergency access drives to an arterial, collector or local street are provided.
3. 
A single access street, whether constructed in one or more phases of development, shall not be more than 1,000 feet in length and shall not furnish access to more than 20 dwelling units unless clearly impractical due to tract dimensions or topography. In the case of single access loop streets, the measurement of the length shall be taken between the farthest edge of the cartway and the center line of the cartway of the through street to which it connects. In the case of a cul-de-sac, such measurement shall be taken between the center of the turnaround and the center line of the cartway of the street to which it connects.
4. 
The Board of Supervisors may permit additional dwelling units to be served by a single access street upon recommendation of the Planning Commission, provided due consideration has first been given to the feasibility of a through street, adjacent land uses, lot dimensions, topography and drainage.
5. 
The following shall be required for single access streets:
A. 
Street stub(s) extending to the boundary of the tract, where appropriate, to provide connection with an adjoining tract(s).
B. 
Emergency access drives designed in accordance with the most current version of the Standard Public Improvement Specifications or designed to the satisfaction of the Board of Supervisors.
C. 
Right-of-way provided for future connection.
6. 
Any constructed street stub for access to an adjoining tract or because of authorized staged development shall be provided with a temporary, all weather turnaround within the subdivision, and the use of such turnaround shall be guaranteed to the public until such time as the street is extended.
7. 
The Board of Supervisors may require, as a condition of approval and to be noted on the plan of record, that parcels with access to a single access street that are capable of further subdivision or land development under current zoning regulations shall not be subdivided and/or developed until the single access street becomes a through street.
8. 
Single access streets, permanently designed as such, shall have a minimum length of 500 feet.
9. 
All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turnaround, unless a fully curbed planting island is constructed, in which case the minimum paved driving area around the island shall be 21 feet wide for one-way circulation. When a fully curbed planting island is to be constructed, the applicant shall be required to submit a proposal, acceptable to the Township for the maintenance of such planting island.
10. 
The minimum radius to the pavement edge or curb line within the turnaround area shall be 45 feet for residential streets, and additional width shall be provided for commercial streets to accommodate the largest anticipated design vehicle, as determined acceptable by the Board of Supervisors. The minimum radius of the right-of-way shall be 60 feet.
11. 
Drainage of cul-de-sac streets shall preferably be towards the open end.
12. 
The center line grade on a cul-de-sac street shall not exceed 8% and the grade of the diameter of the turnaround shall not exceed 5%.
13. 
The turnaround right-of-way of a cul-de-sac street shall be placed adjacent to the tract boundary and a minimum right-of-way width along the boundary line shall be provided, as prescribed in § 22-406, Subsection 1, for a residential or commercial cul-de-sac, to permit dedication, in accordance with § 22-606 of this chapter, and extension of a street at full width, unless future expansion of a cul-de-sac street is clearly impractical or undesirable. The small triangles of land beyond the cul-de-sac to the boundary shall be dedicated to the Township.
[Ord. 179, 8/8/2011, § I]
1. 
Deceleration or turning lanes shall be required by the Township upon the recommendation of the Township Engineer and the Township Traffic Engineer along existing and proposed streets.
2. 
Deceleration lanes shall be designed to the following standards:
A. 
The lane shall have a minimum width of 12 feet, or in the case of intersections with state highways, such width as is required by the applicable regulations and standards of PennDOT.
B. 
The lane shall be paved the required width for the entire length, which shall be measured from the center line of the intersecting road. In addition, there shall be a seventy-five-foot taper, indicated by a painted yellow stripe, provided at the beginning of the lane so that traffic can leave the main travel lane smoothly.
C. 
The minimum lane length shall be as follows:
Posted Speed Limit
Minimum Taper
Deceleration Lane Length
25 mph
75'
165'
35 mph
75'
275'
45 mph
75'
300'
3. 
Acceleration lanes are required only when the need is indicated by a traffic impact study. The design shall be as per the recommendation of the Township Engineer. As necessary, a paved taper shall be provided for right hand turns.
4. 
Upon the recommendation of the Township Engineer and the Township Traffic Engineer, acceleration and deceleration lanes shall be provided for:
A. 
All streets intersecting with streets of a functional classification of collector or greater.
B. 
All commercial development, the length of acceleration and deceleration lanes to be determined by the Traffic Impact Study.
[Ord. 179, 8/8/2011, § I]
1. 
All materials entering into the construction of streets and the methods of construction and drainage shall be in accordance with the applicable requirements of PennDOT Specifications, Publication 408, latest revision thereof, and shall be supplied by vendors approved by PennDOT for the supply of such materials. The thickness of all materials shall be as described in the Material Thickness Table, below, and detailed in the Standard Public Improvement Specifications. Inspection of materials and construction methods shall be as approved, and in accordance with § 22-602 of this chapter.
A. 
Street Design.
(1) 
Thickness of base and paving for new Township streets shall meet the minimum requirements outlined in Section 2 of the Standard Public Improvement Specifications and the related Standard Details.
(2) 
Paving design is based on overall soil conditions in the Township. The Board may require additional paving, base or subbase materials where soil types are inferior, wet or otherwise unsuitable as indicated by the U.S. Department of Agriculture, Natural Resources Conservation Service Web Soil Survey, located at http://websoilsurvey.nrcs.usda.gov/app, or where, in the opinion of the Township Engineer, such conditions exist.
B. 
Subgrade.
(1) 
The area within the limits of the proposed road surface shall be shaped to conform to the line, grade and cross-section of the proposed road.
(2) 
Remove or stabilize all unsuitable subgrade materials.
(3) 
Wet or swampy areas shall be permanently drained and stabilized, as permitted by the regulatory agency having jurisdiction.
(4) 
Fills shall be made with suitable materials approved by the Township Engineer and thoroughly compacted for full width in uniform layers of not more than eight inches thick. No more than two feet of fill shall be laid between inspections by the Township Engineer.
(5) 
The subgrade shall be thoroughly compacted by rolling with a minimum 10 ton three-wheel roller. Equivalent vibratory sheepsfoot or rubber-tired rollers may be used at the discretion of the Township Engineer. Subgrade shall be compacted, tight and dry, to 95% compaction at optimum moisture and shall not be soft and spongy under the roller. Compaction of the subgrade shall extend the full width of the cartway, including the width to be occupied by shoulders.
(6) 
In fill areas compaction tests meeting ASTM or ASHA standards are required for each three feet of fill thickness. The tests shall be conducted in each eight-inch layer at one-hundred-fifty-foot intervals. The tests must be performed by a certified testing laboratory and results submitted to the Township Engineer. All compaction must be 95% compaction at optimum moisture. Any layer not coming up to standard will be removed or rerolled until suitable compaction is obtained.
(7) 
As an alternate to the compaction and testing requirements described above, the subgrade may be proof rolled. Proof rolling shall consist of several passes of a smooth drum vibratory compactor that is capable of imparting a total (static plus dynamic) drum force of not less than 550 pounds per linear inch of drum width. It may be necessary to operate the equipment in the static mode if the groundwater level is close to the subgrade elevation. Should any unsuitable areas be detected by the proof rolling that cannot be stabilized by additional passes of the equipment, the material in such unsuitable areas shall be undercut and replaced with compacted aggregate fill. The determination of what, if any, areas are unsuitable shall be at the sole discretion of the Township Engineer. Any unsuitable areas, as determined by the Township Engineer, shall be repaired to his satisfaction prior to the subbase installation.
C. 
Paving.
(1) 
Paving and base thickness and materials shall be as specified in Subsection 1A of this section.
(2) 
The sub-base course, where required, shall be installed and compacted in accordance with Pennsylvania Department of Transportation specifications and shall extend 36 inches on all streets beyond the paving line when curbs are not to be installed.
(3) 
Bituminous base, binder and surface courses shall be laid to the specified thickness measured, after compaction. All bituminous courses shall be laid with a mechanical bituminous paver in accordance with specifications of PennDOT Specifications, Publication 408, latest edition.
(4) 
Crown board and straight edge shall be used for checking street construction. Maximum tolerance shall not exceed 1/4 inch in the finished surface.
(5) 
Delivery slips for all material deliveries shall be furnished to the Township Engineer.
(6) 
Failure to adhere to the above specifications shall give the Board cause to refuse to accept streets for dedication.
D. 
Grading and Shoulders.
(1) 
In accordance with Section 2.5 of the Standard Public Improvement Specifications, roadways shall be graded for the full width of the right-of-way on each side. Paved shoulders shall be graded at a slope of 3/4 of an inch per foot. Earthen shoulders shall be graded within a minimum slope of 1/2 inch per foot and a maximum slope of one inch per foot. Beyond the limits of this grading, banks shall be sloped to prevent erosion, but this slope shall not be greater than three feet horizontal to one-foot vertical with tops of slope in cuts rounded. All unpaved areas between the right-of-way and the curb or shoulders (as the case may be) shall be covered with not less than four inches of topsoil, fertilized and seeded in a manner and with materials specified in Section 804 of PennDOT Specifications, Publication 408, latest edition thereof.
[Ord. 179, 8/8/2011, § I]
Private streets may be permitted in a unified development that is owned or operated by a homeowners association, which shall guarantee the maintenance of the streets, subject to all of the road design and construction standards of this Part.
[Ord. 179, 8/8/2011, § I]
Private driveways shall be permitted only in accordance with the provisions of Chapter 21, Streets and Sidewalks, Part 1, of the East Coventry Township Code of Ordinances.
[Ord. 179, 8/8/2011, § I]
1. 
Curbs shall be installed along both sides of all proposed streets and shall be the vertical type. Curbs shall always be required where sidewalks are required.
2. 
Grass swales may be permitted, in lieu of curbs, within rights-of-way in developments of less than 10 lots, subject to the approval of the Board of Supervisors.
3. 
No drainage of any kind shall be conducted over the top of curbs and sidewalks, except where the drainage crosses from driveways, and all underground drainage conductors shall be installed in accordance with the Standard Public Improvement Specifications.
4. 
Curbs shall be provided in all new parking areas located within a land development.
5. 
All curbs shall be constructed of monolithic concrete. Such concrete shall develop a compressive strength of 3,500 pounds per square inch (psi) in 28 days. Certification of the concrete mix shall be provided to the Township.
6. 
Curbs shall be constructed and installed in accordance with the Standard Public Improvement Specifications.
[Ord. 179, 8/8/2011, § I]
1. 
Proposed streets that are in alignment with already existing and named streets shall bear the names of the existing streets.
2. 
In no case shall the name of a proposed street duplicate, or be similar to an existing street name in the Township or in any zip code within the Township or in an adjacent municipality, irrespective of the use of the suffix, street, road, avenue, boulevard, driveway, place, court, lane, etc.
3. 
All street names shall be subject to the recommendation of the Planning Commission and the approval of the Board of Supervisors.
4. 
Street name signs shall be installed at all street intersections. The design and placement of such signs shall be subject to approval by the Township and installed in accordance with the Standard Public Improvement Specifications.
5. 
Traffic control signs shall be shown on final plans for all streets. Signs and posts shall meet PennDOT standards. The Township may require additional signs prior to dedication of roads.
[Ord. 179, 8/8/2011, § I]
1. 
All major subdivisions and land developments shall have either sidewalks or pedestrianways acceptable to the Township. All residential developments shall provide sidewalks on both sides of the street. Curbs shall always be required where sidewalks are required. The location of all proposed sidewalks and pedestrian ways shall be approved by the Township.
[Amended by Ord. No. 2020-247, 11/9/2020]
2. 
Concrete sidewalks shall be provided on all collector streets abutting or within a subdivision; on all streets within 1,000 feet of and leading to a school; on all commercial streets; and at such other locations deemed by the Board of Supervisors to be necessary for the safety and convenience of the public.
[Amended by Ord. No. 228, 12/10/2018]
3. 
Sidewalks may be required on only one side of the street in subdivisions or land developments if there are residential lots on only one side of the street.
4. 
Concrete sidewalks shall be provided along all streets and parking areas located in nonresidential subdivisions or land developments unless it can be shown, to the satisfaction of the Board of Supervisors, that pedestrian traffic does not follow or mix with vehicular traffic, in which case, both sidewalks and curbs may not be required.
5. 
Concrete sidewalks, in all new developments or street construction, shall be located entirely within the street right-of-way, and shall be located a minimum of three feet and seven inches from the curb line, measured from the curb line to the street side edge of the sidewalk. Sidewalks shall be installed in accordance with the provisions of this section and the Standard Public Improvement Specifications. A grass planting strip shall be provided between the curb and sidewalk. All required street trees shall be installed on the residence side of the sidewalk in accordance with § 22-428 of this chapter. In developed areas of the Township, the existing conditions shall be considered in the application of these location requirements. Curb cut ramps, which are compliant with the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., as amended, and with all other applicable legal requirements, shall be provided at all street intersections, and shall be installed in accordance with the Standard Public Improvement Specifications.
6. 
Sidewalks shall be constructed and installed in accordance with Section 5 of the Standard Public Improvement Specifications.
7. 
The paved width of sidewalks shall be a minimum of five feet in all new developments or street construction. In no case shall a bike path be combined with a sidewalk in developed areas of the Township, the existing conditions shall be considered in the application of these requirements.
8. 
Publicly accessible trails may be provided in lieu of sidewalks when approved by the Board of Supervisors upon recommendation of the Planning Commission, subject to the satisfaction of the following conditions and criteria:
[Added by Ord. No. 2019-234, 9/9/2019]
A. 
The roadway adjacent to the proposed trail is an arterial or collector street.
B. 
The trail shall be contained within an easement area established by an easement agreement satisfactory to the Township upon advice of the Township Solicitor, which shall be recorded.
C. 
The trail shall be accessible to the general public.
D. 
No trail shall be constructed where a proposed dwelling fronts on the street.
E. 
The trail shall satisfy the specifications and design criteria set forth in § 22-429, Subsection 2D(2) of this chapter.
[Ord. 179, 8/8/2011, § I]
1. 
All parking areas shall comply with the standards of the Zoning Ordinance [Chapter 27] and the specifications contained herein.
2. 
All parking areas shall be paved and curbed in compliance with the specifications for local streets as provided in § 22-413 and Section 5 of the Standard Public Improvement Specifications.
3. 
On-street parallel parking shall be permitted within residential and commercial developments when provided along lower volume local streets and commercial streets and where adequate off-street parking is provided. The following criteria shall apply to on-street parking:
A. 
On local streets within residential developments having an anticipated average daily traffic volume less than 500, on-street parking may be provided without a separate parking lane or stalls, with approval of the Board of Supervisors upon recommendation of the Planning Commission and the Township Traffic Engineer, provided the paved street cartway is a minimum of 28 feet in width.
B. 
When on-street parking is proposed beyond the typical cartway width of the street, then parallel on-street parking stalls shall measure eight feet wide and 22 feet long in order to accommodate vehicular maneuverability and storage.
C. 
On-street parking shall be prohibited along the primary route(s) through a development when it is designed to serve as a collector or primary distributor street for the development.
[Ord. 179, 8/8/2011, § I]
See § 22-428.
[Ord. 179, 8/8/2011, § I]
1. 
The proposed method of sanitary sewage disposal shall be in accordance with the East Coventry Township officially adopted Act 537 Sewage Facilities Plan, as amended, as evidenced by Sewage Facilities Planning Modules or an exemption or deviation therefrom (e.g., a Request for Planning Waiver and Non-building Declaration) approved by the Pennsylvania Department of Environmental Protection or other responsible agency. Approval of a Sewage Facilities Planning Module or a planning module exemption by the Pennsylvania Department of Environmental Protection, the Board of Supervisors, or any other responsible agency does not constitute a reservation of capacity or establish or guarantee that sewage treatment capacity is or will be available. Sewage treatment capacity is available only on a first-come, first-serve basis and shall only be reserved upon payment by the applicant of the full amount of the current tapping fee for each EDU being reserved, plus the payment of quarterly fees for reservation of capacity, in such amounts as are established from time to time by resolution or ordinance of the Board of Supervisors.
2. 
All subdivisions and land developments shall be served by a public sewer system when either the existing principal structure or the proposed principal structure(s), or any part thereof, are within 150 feet from the public sewer. Where a public sewer is not within 150 feet of either the existing principal structure or the proposed principal structure(s), or any part thereof, in which 10 lots or more are proposed, but is planned to be available to the subdivision or land development in the Act 537 Sewage Facilities Plan within 10 years after the time of filing the initial application for plan approval, the applicant shall install capped sewer lines, including lateral connections, unless waived by the Board of Supervisors, as may be necessary to provide adequate service to each lot when connection with the sewer system is made.
3. 
Where a public sewer system is not available to serve a subdivision or land development at the time the initial application for plan approval is filed with the Township, and is not planned to be available to the subdivision or land development in the Act 537 Sewage Facilities Plan within 10 years after such time of filing, the applicant shall prepare an analysis of alternative on-site sewage disposal systems and an evaluation of the most suitable system for the site. Such alternatives shall include, but are not necessarily limited to, the following:
A. 
Standard septic systems.
B. 
Standard drip irrigation systems.
C. 
Standard elevated sand mound systems.
D. 
Aerobic systems.
E. 
Spray irrigation systems.
4. 
For purposes of this section and the other provisions of this chapter, a public sewer system shall be considered "available" to the subdivision or land development when (A) an operational public sanitary sewer main is located in a street or easement on or abutting all or a major portion of the land which is the subject of the subdivision or land development, and (B) the publicly operated treatment plant, to which the main transports sewage, has capacity available to accept and treat the anticipated sanitary sewage flow from the subdivision or land development.
5. 
When capped sewer lines are required to be installed, the sewer lines shall be suitably capped at the limits of the subdivision, and the laterals shall be capped until sewers are provided. On-site disposal facilities also shall be provided in the interim. Design of capped sewer systems shall be subject to approval by the Pennsylvania Department of Environmental Protection and the Township. The specifications for sanitary sewers are contained in the "Technical Specifications for Construction of Sanitary Sewers and Appurtenances" for East Coventry Township.
6. 
Sanitary sewers shall be designed and constructed in strict accordance with the Pennsylvania Department of Environmental Protection and the Township standards. A copy of the approval by the Township of such systems shall be submitted with the final plan. Permits, where required, shall be obtained before construction of a sanitary sewer system is started.
7. 
Sanitary sewers shall not be used to carry stormwater.
8. 
All lots which cannot be connected to a public or community sanitary sewage disposal system in operation at the time of construction of an occupied building shall be provided with an individual on-site sanitary sewage disposal system meeting the design standards of Title 25, Chapter 73, Rules and Regulations of the Pennsylvania Department of Environmental Protection.
9. 
If individual on-site sanitary sewage disposal facilities are to be utilized, the applicant shall prepare a feasibility report to be incorporated in the Land Planning Modules to be submitted. Such report shall compare the cost of providing on-site facilities with alternate sewage disposal methods. Based on the analysis of this report, the Township may require the installation of a public sanitary sewer system or capped sewer constructed in accordance with Township regulations.
10. 
Where individual on-site sanitary sewage facilities are to be utilized, each lot so served shall be of a size and shape to accommodate the necessary length of tile fields at a safe distance from, and where feasible at a lower elevation than the proposed well and building(s) to facilitate gravity flow.
11. 
Where community on-lot sewage disposal systems are to be utilized that require a building or structure to be located above ground, such building or structure shall be completely screened from the view of any adjacent properties, according to the screening provisions of § 22-428 of this chapter.
12. 
Sanitary Sewage Disposal System(s).
A. 
Sanitary sewage disposal systems shall be provided consistent with the design standards and requirements contained in Title 25, Chapter 73, Rules and Regulations of the Pennsylvania Department of Environmental Protection.
B. 
Whenever an applicant proposes that individual on-site sanitary sewage disposal systems shall be utilized within the subdivision, before the issuance of a building permit, an on-site system shall be designed and a permit obtained from the Chester County Health Department.
C. 
In all other cases, the applicant shall provide a complete community or public sanitary sewage disposal system. The design, installation, ownership and maintenance of such systems shall be subject to the approval of the Township Engineer, the Planning Commission and the Board of Supervisors, and to the approval of the Pennsylvania Department of Environmental Protection. As a minimum, the design of each community on lot sanitary sewage disposal system shall provide a reserve area in the event the primary subsurface disposal area should fail. The reserve area shall be located within soils suitable to support such a system and shall not be located within the required open space. Both the primary and reserve area shall be tested, preserved from structures, and noted on the final plan.
13. 
Deep Probe Test Pits and Soil Percolation Test Requirements.
A. 
Deep probe test pits and soil percolation tests shall be performed for all subdivisions wherein existing structures utilizing an on-lot sewage disposal system and building(s) at the time of construction will not be connected to a public or community sanitary sewage disposal system in operation. Deep-hole test pits are recommended as a further means of guaranteeing suitability of a site.
B. 
Deep probe test pits and soil percolation tests shall be made in accordance with the procedure required by the Pennsylvania Department of Environmental Protection by either a registered professional engineer or a registered sanitarian and/or the Pennsylvania Sewage Facilities Act sewage enforcement officer.
C. 
Deep probe test pits and soil percolation tests shall be performed on each lot within the site of the proposed on-site sanitary sewage disposal facilities for both the primary and backup disposal area and noted on the final plan. For lots that contain an existing structure that utilizes an on-lot sewage disposal system, deep probe test pits and soil percolation tests shall be performed to establish an area for the backup disposal facilities.
D. 
Testing is required for both a primary and replacement sewage absorption area. Both sites and test holes must be shown on the final plans.
[Ord. 179, 8/8/2011, § I]
1. 
Adequate and potable water supply system(s) shall be installed consistent with design principles and requirements contained in this chapter and Pennsylvania Department of Environmental Protection regulations.
2. 
All subdivisions and land developments shall be served by a public water system where such system is available.
3. 
Where the applicant proposes that individual on-site water supply systems shall be utilized within the subdivision, before the issuance of a building permit, a permit shall be obtained subject to the standards provided for within Section 501, Chapter 500, Rules and Regulations of the Chester County Health Department.
4. 
Wherever required by the Township within the existing public water franchise area, the subdivision shall be provided with a complete public water distribution system by the Pennsylvania American Water Company, its successor or the legally licensed franchisee for the area. The design and installation of such public system shall be subject to the approval of the Township and the water company.
5. 
Wherever a public water system is provided, fire hydrants, as approved by the Township, shall be installed for fire protection. Where fire hydrants are installed, they shall meet the specifications of the Insurance Services Office (ISO), and the location shall be approved by the Township.
A. 
Generally, all fire hydrants shall be located on a minimum looped eight inch line.
B. 
Fire hydrants shall be spaced in a development so that all proposed building(s) will be no more than 600 feet from the hydrant measured along traveled ways and shall provide a minimum of 1,000 GPM at a residual pressure of 20 pounds per square inch (psi) for a two-hour period at the highest usable floor.
C. 
For additional fire protection, a dry hydrant may be required to be incorporated into existing and proposed ponds or reservoirs and an access easement not less than 20 feet in width provided for emergency use.
6. 
Minimum Water Supply Requirements.
A. 
In all subdivisions and land developments served by public water, the following water pressure and volume requirements shall apply:
(1) 
Residential Use. A minimum domestic pressure of 50 pounds per square inch (psi) shall be provided at each house to be connected to the water main. The system to which the residential unit is connected shall have sufficient capacity to supply a minimum of 300 gallons of water per residential unit per day within the subdivision or land development.
(2) 
Commercial or Industrial Use. A public water supply shall be required for all new commercial and industrial subdivisions and/or land developments. The public water supplier shall certify in writing, to the satisfaction of the Board of Supervisors, that sufficient water pressure and volume is available to serve the commercial or industrial use. A minimum pressure of 50 pounds per square inch (psi) shall be provided at each commercial or industrial building connected to the water supply main. When a builder wishes to connect to a public water system, a study will be made to determine if there is adequate water to supply the building and use. For purposes of fire protection in commercial and industrial districts, 1,000 GPM at 20 pounds per square inch (psi) residual pressure, at the highest usable floor, is required or as required for ISO certification.
7. 
Approvals Conditioned Upon Adequacy of Public Water Supply. No subdivision or land development application proposing a public water supply system shall be granted preliminary or final approval unless the applicant demonstrates, by a fair preponderance of the credible evidence, full compliance with the provisions of this section.
[Ord. 179, 8/8/2011, § I]
1. 
All other utility lines including, but not limited to electric, gas, street light supply, cable television, other electronic services and telephone shall be placed underground. Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the public utility concerned.
2. 
In accordance with the provisions of Act 178, all developers, contractors, etc., will contact all applicable utilities and accurately determine the locations and depth of all underground utilities within the boundaries of the tract proposed for development, prior to excavation. A list of the applicable utilities and their phone numbers shall appear on the plans submitted for review and proof that the applicant has contacted said utilities shall be provided to the Township prior to final plan approval.
3. 
Gas, Electric and Petroleum Product Utilities. There shall be a minimum distance of 50 feet, measured at the shortest distance, between any proposed dwelling, industrial or commercial building and any existing natural gas, electric, telecommunications or petroleum product utility right-of-way or property line. See § 22-431 of this chapter for setback requirements for transmission pipelines as defined in § 22-402 herein.
[Amended by Ord. 209, 12/12/2016]
4. 
Utility Poles. Proposed utility poles shall be located, and/or existing poles shall be relocated, a minimum of two feet behind the curb face or four feet behind the shoulder, all within the right-of-way.
[Ord. 179, 8/8/2011, § I]
1. 
Storm Drainage Required. Where a major subdivision development is proposed, a stormwater management system, including a storm sewer system and all appurtenances and retention or detention facilities shall be required to be constructed by the owner or applicant in any area from which the surface or subsurface drainage could impair public safety, cause physical damage to adjacent lands or public property, or be required by the provisions of Chapter 9, Grading and Excavating, Part 1, Stormwater Management, of the East Coventry Township Code of Ordinances.
2. 
The standards for design of stormwater drainage and management systems are contained in Chapter 9, Grading and Excavating, Part 1, Stormwater Management, of the East Coventry Township Code of Ordinances.
3. 
Maintenance of stormwater management facilities shall be provided in accordance with Chapter 9, Grading and Excavating, Part 1, Stormwater Management, of the East Coventry Township Code of Ordinances.
[Ord. 179, 8/8/2011, § I]
Initial construction of any site shall consist of stripping and piling of topsoil from all areas planned to be disturbed. The area stripped shall be kept to a minimum. Upon completion of other construction, the entire amount of topsoil stripped shall be replaced on the site. No topsoil shall be disposed of, by sale or otherwise, off the site of the construction without the approval of the Township. The removal of topsoil from any site resulting from the sale of trees shall not be permitted without the replacement of an equal amount of topsoil.
[Ord. 179, 8/8/2011, § I; as amended by Ord. 196, 8/12/2013, §§ I and II; and by Ord. 205, 12/14/2015, §§ X, XI]
1. 
Purpose. The purpose of this section is to implement the park, recreation and open space goals of the Township as contained in the Parks, Recreation, and Open Space Plan, including:
A. 
Providing a variety and balance of facilities that can meet the recreational needs of residents, businesses and industries.
B. 
Preserving open space and protecting the environmental, scenic and cultural features of the Township.
C. 
Developing a system of facilities that can deliver recreation services effectively and efficiently.
D. 
Providing equitable and convenient accessibility to recreation facilities.
E. 
Supporting community development and stability by providing recreation sites and open space.
2. 
Mandatory Dedication of Land for On-Site Park, Recreation and Open Space Use. Every proposed major residential subdivision of land and/or residential land development regulated by this chapter and the MPC shall include the provision of land suitable for dedication for on-site park, recreation and open space use.
A. 
The applicant shall provide land and improvements for park and recreation use to satisfy the requirements of this section. The amount and composition of land to be dedicated shall meet the following criteria and standards:
(1) 
Consistent with the Parks, Recreation, and Open Space Plan, the amount of park, recreation and open space land required to be dedicated shall be 0.074 acres per proposed dwelling unit or building lot (whichever is greater).
[Amended by Ord. No. 2019-234, 9/9/2019]
(2) 
All land to be dedicated, including, without limitation, the proposed use(s) and the location thereof, shall be designed in accordance with the requirements of this section and the Parks, Recreation, and Open Space Plan. The applicant shall present the plan to the Park, Recreation and Conservation Committee for review and comment on the land to be dedicated. The Park, Recreation and Conservation Committee may prepare a recommendation letter for consideration by the Planning Commission.
(3) 
Upon agreement of the Township and the applicant, the applicant shall be responsible for the provision, construction and/or installation of park and recreational facilities suitable for the intended use of the land to be dedicated. The applicant shall present the plan to the Park, Recreation and Conservation Committee for review and comment on the proposed park and recreational facilities. The Park, Recreation and Conservation Committee may prepare a recommendation letter for consideration by the Planning Commission.
B. 
The requirements of this section shall be in addition to, and not in lieu of:
(1) 
Open space that is required to be provided in connection with certain uses, developments, subdivisions and/or other residential living arrangements pursuant to the Zoning Ordinance [Chapter 27].
(2) 
Any private park and/or recreation land provided by the applicant in connection with any proposed residential development.
3. 
Park, Recreation and Open Space Design Standards. In designating areas for parks, recreation and open space within a major subdivision or land development, the applicant shall adhere to the following criteria and standards:
A. 
The proposed dedication shall be consistent with the Township Comprehensive Plan.
B. 
The land to be dedicated shall be suitable for active recreational use and designed in accordance with the provisions of the Parks, Recreation, and Open Space Plan and shall have size, dimensions, topography, access, soil conditions and general characteristics suitable for the intended recreational use, without interfering with adjacent dwelling units, parking, driveways, and roads. Land used for active recreation may be in the floodplain, but shall not be on slopes exceeding 5%, in wetlands, or comprised of surface water.
C. 
The proposed dedication shall be consistent with natural and historic features protection provisions, as contained in § 22-429 of this chapter.
D. 
The linkage of erosion and sediment control or stormwater management facilities with park, recreation and open space areas may be permitted if the presence of such facilities does not conflict with proposed recreational activities or detract from the aesthetic values associated with the open space.
E. 
Wherever possible, recreation and open space areas shall be interconnected with park, recreation and open space areas on abutting parcels, including provisions for pedestrian trails for public use to create linked greenways within the Township.
F. 
The proposed dedication shall be coordinated with applicable park, recreation and open space plans of any federal, state, county, regional, adjacent municipal, or private organization to compliment various recreational programs increasing the utility of the park, recreation and open space areas within the Township.
G. 
The land shall be comprised of individual areas not less than 75 feet in width, and not less than 1/2 acre for active recreation facilities, or two acres for passive recreation or open space facilities.
H. 
The land shall be conveniently accessible to residents through both vehicular and non-vehicular connections that improve the utility of the land and promote its use. Sufficient parking shall be provided, as determined by the Board of Supervisors upon recommendation of the Planning Commission, the Township Engineer, the Township Planner, the Township Traffic Engineer and the Park, Recreation and Conservation Committee, regardless of whether the land and facilities are to be offered for dedication to the Township or, at the present time, are proposed to remain in private ownership, inasmuch as private facilities may possibly be offered for dedication to the Township at a later date.
I. 
The land shall be undivided by any public streets, except where necessary for proper traffic circulation, and then only upon recommendation of the Township.
J. 
The land shall be free of all structures, except those related to recreational uses.
K. 
The land shall be suitably landscaped either by retaining existing vegetation and wooded areas and/or by utilizing a landscaping plan, as recommended by the Planning Commission, that enhances open space areas through plantings that are consistent with the purposes of this section and minimize maintenance costs.
4. 
Fee-in-Lieu of Dedication of Land for On-Site Park, Recreation and Open Space.
A. 
If the Board of Supervisors determines, in its discretion, that (1) no land within the proposed subdivision or land development is suitable for dedication as park, recreation or open space, or (2) dedication of land would be impractical, or (3) the dedication of land for park, recreation or open space use is not in the best interest of the residents of the development, then the applicant may elect to pay a fee-in-lieu of land dedication or to pay a fee-in-lieu in combination with the dedication of land, subject to approval of the Board of Supervisors.
B. 
If the Township and the applicant agree to a fee-in-lieu of land dedication for park, recreation or open space use or a fee-in-lieu in combination with the dedication of land to satisfy the requirements of this section, then the applicant shall enter into an agreement with the Township, in form and substance satisfactory to the Township, setting forth the terms and conditions of the fee-in-lieu election. Once signed by both the applicant and the Township, the agreement shall become a condition of final plan approval. The following conditions shall apply:
(1) 
The amount of any fee-in-lieu of land dedication shall be equal to the total fair market value of the land otherwise required to be dedicated pursuant to this section. Determination of the fee-in-lieu amount shall be based upon the fair market value of the property as vacant land on the date of submission of the preliminary plan. The fair market value of the land shall be determined by an independent MAI appraiser and shall be the responsibility of, and funded by, the applicant.
(2) 
Payment of the fee-in-lieu amount shall be a condition of final plan approval and shall be paid to the Township at the time of execution of the land development agreement with the Township or, if no land development agreement is to be executed, then prior to the recording of the approved final plan.
(3) 
A note in form and substance satisfactory to the Township shall be placed on the preliminary and/or final plan stipulating the total amount of the fee-in-lieu of land dedication to be paid, the basis for the fee-in-lieu amount, and the timing of payment.
(4) 
The applicant, as a condition of final plan approval, shall execute a Fee-in-Lieu Agreement in form and substance satisfactory to the Township.
C. 
If the applicant elects to pay a fee in lieu of land dedication, then such payment shall, upon its receipt by the Township, be deposited in an interest-bearing account, clearly identified as reserved for providing, acquiring, operating or maintaining park or recreational facilities. Interest earned on such accounts shall become funds of that account.
[Amended by Ord. 213, 6/12/2017]
D. 
Funds from the fee-in-lieu account shall be used only for the following purposes when reasonably accessible to the development's residents:
[Amended by Ord. 213, 6/12/2017]
(1) 
The acquisition, operation or maintenance of land for parks, recreation facilities, open space, trails, bikeways or greenways to expand the Township's public trail system.
(2) 
The construction of recreational amenities and infrastructure.
(3) 
Costs incidental to such purposes listed above, including, without limitation, planning, engineering, design, administrative and legal fees, utility relocation or installation, construction of sewage or water facilities, vehicular and non-vehicular access signage and the purchase of park equipment and maintenance.
E. 
If the Township used the fee-in-lieu amount paid by the applicant for a purpose other than the purposes set forth in this subsection, then the applicant may submit a written request for the refund of such fees, plus interest accumulated thereon from the date of payment. The applicant's request shall be reviewed and acted upon by the Board of Supervisors.
[Amended by Ord. 213, 6/12/2017]
[Ord. 179, 8/8/2011, § I; as amended by Ord. 205, 12/14/2015, §§ XII — XIV]
1. 
Outdoor lighting facilities shall be required for all off-street parking lots, off street loading areas, and driveways providing ingress and egress thereto, and along all road and pedestrian ways in all major subdivisions and land developments. The requirements and standards of this section shall also apply to sign, architectural and landscape lighting.
2. 
Lighting plans for all major subdivisions and land developments shall be submitted as part of the preliminary plan requirements of § 22-304 of this chapter. Such lighting plans shall include a schematic layout of all proposed lighting fixture locations and isofootcandle plots of individual fixture installations and ten-foot by ten-foot illuminance grid plots for multifixture installations that demonstrate full compliance with the intensity and uniformity standards of this section. The lighting plans shall also include the lighting fixture manufacturers' description of the equipment (catalog cuts) including luminaries, glare control devices, lamps, standards as well as mounting heights and means, hours of operation of the lighting and maintenance schedule.
3. 
The Board of Supervisors may require the applicant to demonstrate that no nuisance glare or disabling glare will result from implementation of the proposed lighting plan, or if unavoidable, the provision of adequate measures to mitigate nuisance glare and disabling glare both on the site and on adjoining properties and uses.
4. 
Outdoor Lighting Design Standards and Illumination Standards.
A. 
All lighting facilities for major subdivisions, land developments and uses governed by this section shall provide an illumination level utilizing the current recommended practices and standards of the Illuminating Engineering Society of North America (IESNA).
B. 
Illumination where required by this section shall have the lighting intensities and uniformity ratios as provided in the Lighting Handbook of the Illuminating Engineering Society of North America (IESNA), 9th Edition, as follows:
Use
Maintained Footcandles
Uniformity Avg: Min
Parking, Multi-Unit
Vehicular/Pedestrian Activity
Low Activity
0.2 Min
4:1
Medium Activity
0.6 Min
4:1
Parking, Industrial/Commercial/ Institutional/Municipal
High Activity
(Regional Shopping Centers/Fast Food Facilities/Major Athletic/Civic/Cultural Facilities)
0.9 Min
4:1
Medium Activity
(Community Shopping Centers, Office Parks, Hospitals, Commuter Parking Lots, Cultural/Civic/Recreational Facilities)
0.6
4:1
Low Activity
(Neighborhood Shopping, Industrial Employee Parking, Schools, Church Parking)
0.2 Min
4:1
Streets, Local Residential
0.4 Avg
6:1
Streets, Local Commercial
0.9 Avg
6:1
Walkways and Bikeways
0.5 Avg
5:1
Community Mailboxes
0.9 Avg
6:1
Building Entrances
5.0 Avg
N/A
Street Name Signs
1.0 Min
N/A
Notes:
1.
Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.
2.
Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio, e.g., for commercial parking, high activity, the average footcandles shall not exceed 3.6 (0.9 x 4).
C. 
Lighting fixtures shall be of a type and design appropriate to the lighting application and sensitive to the architecture and overall character of the area in which they are located.
D. 
For lighting horizontal surfaces such as roadways, pedestrian ways, bikeways and parking areas, fixtures shall meet IESNA "full cutoff" criteria.
E. 
Fixtures shall be equipped with or be capable of being retrofitted with light directing devices such as shields, visors or hoods when necessary to redirect offending light distribution.
5. 
Control of Nuisance Glare and Disabling Glare.
A. 
All outdoor lighting shall be aimed, located, designed, installed and maintained so as not to present a hazard (disabling glare) to drivers or pedestrians by impairing their ability to safely traverse, and so as not to create a nuisance by projecting or reflecting objectionable light (nuisance glare) onto a neighboring property.
B. 
Floodlights and spotlights shall be so installed and aimed so that they do not project their output into the windows of neighboring residences, adjacent uses, directly skyward or onto a roadway or pedestrian way.
C. 
Unless otherwise permitted by the Board of Supervisors for reasons of safety and security, all exterior lighting of streets and pedestrian ways in the Township shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit extinguishing light between 11:00 p.m. and dawn so as to mitigate nuisance glare and skyward light trespass.
D. 
When all-night, safety or security lighting is permitted by the Board of Supervisors, a maximum of 25% of the site's lights may remain on at night. The security lighting shall be distributed around the site at key locations, including, but not limited to, buildings and parking areas. The security lighting shall not shine across property lines.
E. 
Vegetative or other screens shall not be employed as the primary means of controlling glare, but rather glare control shall be achieved through the use of such means as cutoff fixtures, shields and baffles and the appropriate selection and application of fixture mounting height, wattage, aiming angle and fixture placement.
F. 
The intensity of illumination projected onto a residential property from an adjoining property shall not exceed 0.1 vertical footcandle anywhere on such residential property.
G. 
Fixtures meeting IESNA "full cutoff" criteria shall not be mounted in excess of 20 feet above finished grade, in commercial, office and industrial developments nor in excess of 14 feet above finished grade in residential developments.
H. 
Fixtures used for architectural lighting, e.g., facade, fountain, feature and landscape lighting, shall be aimed so as not to project their output beyond the objects intended to be illuminated and shall be extinguished between 11:00 p.m. and dawn, unless specifically approved by the Board of Supervisors.
I. 
When outdoor lighting is required in major subdivisions and land developments, such lighting shall provide illumination of street name signs so that they can be read by occupants of vehicles approaching the intersection when entering the area. In addition, community mailboxes shall be illuminated.
6. 
Installation.
A. 
Electrical feeds for exterior lighting standards shall be placed underground.
B. 
Exterior lighting standards shall be placed a minimum of five feet outside paved areas or on concrete pedestals at least 30 inches high above the pavement or suitably protected by other means as approved by the Township.
7. 
Maintenance. Lighting fixtures and ancillary equipment shall be maintained by the owner or lessee of the property on which they are located, or if located within a public right-of-way, the owner of the right-of-way. Such maintenance shall be performed so as to continuously meet the requirements of this section.
8. 
Inspection and Compliance.
A. 
The Township shall conduct a post-installation nighttime inspection to verify compliance with the requirements of this section and, if appropriate, require remedial action, the cost of which shall be borne by the applicant.
B. 
Nuisance Glare and Inadequate Illumination.
(1) 
The owner of an exterior lighting installation that produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient levels of illumination or otherwise does not conform to the requirements of this section shall be notified thereof by the Township and shall be required to take remedial action.
(2) 
Remedial action must be completed within 30 days of notification by the Township, after which the Township may levy a fine for as long as the hazard continues to exist.
9. 
Nonconforming Exterior Lighting. Any lighting fixture or lighting installation existing on July 19, 2004, that does not conform to the requirements of this section shall be considered a legal nonconformance; however, the lighting fixture or lighting installation shall be required to conform to the requirements of this section when:
A. 
It is deemed to create a safety hazard; or
B. 
It is replaced or relocated.
[Ord. 179, 8/8/2011, § I]
1. 
The provisions of this section shall apply to the following development and construction activities in a major subdivision or land development:
[Amended by Ord. No. 209, 12/12/2016; Ord. No. 2020-247, 11/9/2020]
A. 
All nonresidential building construction, excluding agricultural buildings and buildings accessory to residential uses.
B. 
All single-family detached dwelling lots requiring subdivision and land development approval.
C. 
All parking areas that exceed 6,000 square feet in area.
D. 
All loading or storage areas for equipment or materials that exceed 4,000 square feet in area.
E. 
Construction of any of the following structures or facilities that exceed 2,000 square feet in ground coverage:
(1) 
Public utility structures and facilities.
(2) 
Liquid and solid waste collection, storage, conveyance and treatment facilities.
(3) 
Any other structure or facility of a similar character or impact.
F. 
Land disturbance activities, excluding those of an agricultural nature, exceeding one acre.
G. 
The creation of a landscape screen or buffer between a lot containing historic resources and adjacent properties.
H. 
Any activity for which a landscape buffer or screen is required, as a condition of approval, by the Zoning Hearing Board or the Board of Supervisors.
I. 
Construction or installation of any surface land use affiliated with transmission pipelines.
2. 
Any portion of a lot or tract not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted and continually maintained with an all-season ground cover and otherwise shall be landscaped and maintained in accordance with a landscape plan approved by the Township. Landscaping shall comply with the minimum design and planting standards and the criteria for the selection of plant material of this section.
3. 
No trees shall be planted within five feet, and no shrubs shall be planted within five feet of any side or rear yard property line, or within two feet of any street measured from the ultimate right-of-way line, nor shall trees or shrubs be planted within any utility easement or right-of-way.
4. 
Where the applicant can demonstrate to the satisfaction of the Board of Supervisors that existing vegetation replicates or improves upon the planting requirements of this section, such features may be substituted for an equal portion of the required plantings, as approved by the Board of Supervisors. Diseased or undesirable varieties of existing vegetation shall not be retained or counted towards required plantings.
5. 
Any fractional plantings resulting from the calculation of required plantings shall be rounded up to the nearest whole number.
6. 
Parking, Loading, and Storage Area Landscaping.
A. 
A landscape screen shall be used along the outer perimeter of parking, loading and storage areas.
B. 
Parking, loading and storage areas shall be landscaped to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to reduce the level of carbon dioxide; to increase the oxygen level; to provide shade; to ameliorate stormwater drainage problems; to replenish the groundwater table; to provide for a more attractive setting; and to provide for public safety.
C. 
For every 2,000 square feet of parking, loading and storage area, the applicant shall provide one deciduous tree at 2 1/2 minimum caliper, two deciduous shrubs between 24 inches and 30 inches minimum height, one evergreen tree at eight feet minimum height, and two evergreen shrubs between 24 inches and 30 inches minimum height.
D. 
Groundcovers and other plant materials are encouraged to be used to complement the required trees and shrubs, and shall facilitate snow removal, proper surface water drainage and the safe movement of traffic and pedestrians. Planting areas shall be elevated above the parking lot surface or bordered appropriately to prevent erosion or damage from vehicles. Bollards may be used to afford protection of trees.
E. 
The developer shall use plant materials from the Plant List contained in Appendix 22-B of this chapter, or comparable species as recommended by the Planning Commission and approved by the Board of Supervisors. Native plant materials shall be used to the maximum extent possible.
7. 
Multi-Unit, Commercial, Institutional and Industrial Landscaping.
A. 
A landscape screen as described in Subsection 11 shall be provided along all property boundaries that abut incompatible land uses, as required by § 27-1309 of the Zoning Ordinance [Chapter 27].
B. 
For every 1,000 square feet of gross building area, the applicant shall provide two deciduous trees at 2 1/2 minimum caliper, four deciduous shrubs between 24 inches and 30 inches minimum height, one evergreen tree at eight feet minimum height, and four evergreen shrubs between 24 inches and 30 inches minimum height.
C. 
Landscaping shall be provided in association with each principal building in accordance with the following criteria:
(1) 
A combination of evergreen and deciduous trees and shrubs shall be used as foundation plantings.
(2) 
Shrubs shall not be placed closer than five feet from any building facade and shall provide a minimum of five evergreen shrubs and five deciduous shrubs for every 100 feet of building facade.
(3) 
Trees at 2 1/2 minimum caliper shall not be placed closer than 15 feet from any building facade and shall provide a minimum of one deciduous tree and one evergreen tree planted for every 50 feet of building facade.
8. 
Street Trees.
A. 
The applicant shall provide street trees within all proposed subdivision or land developments with existing or proposed roads.
B. 
For every 100 lineal feet of new and existing road frontage (measured on both sides, where applicable), the applicant shall provide two deciduous trees at 2 1/2 minimum caliper.
C. 
Street trees shall be planted in accordance with the following standards:
(1) 
Installed between two feet and four feet outside of and parallel to the ultimate street right-of-way line.
(2) 
Spaced not less than 40 feet nor more than 60 feet apart, staggered along both sides of all streets.
(3) 
Shall not interfere with the clear sight triangle and sight distance requirements.
(4) 
Appropriate street trees shall be used along streets and in boulevard islands. No one species shall comprise more than 25% of the entire number of street trees in a particular development. Trees considered appropriate for use as street trees are contained in Appendix 22-B of this chapter. Trees not identified in Appendix 22-B, particularly native species, may be used if recommended by the Planning Commission and approved by the Board of Supervisors.
(5) 
Species shall be selected that exhibit growth habits that permit maintaining eight feet of vertical clearance above the sidewalks and 14 feet of vertical clearance above the streets or cartways.
(6) 
A combination of ornamental and canopy trees may be used within a boulevard, with Board of Supervisors approval.
(7) 
Trees shall be resistant to salt and de-icing compounds, shall be able to withstand concentrated heat from large paved surfaces, soil compaction and drought, and shall have deep root systems that will not crack pavements or sidewalks.
9. 
Tract Boundary. For every 100 lineal feet of existing tract boundary, the applicant shall provide one deciduous tree at 2 1/2 minimum caliper, three deciduous shrubs between 24 inches and 30 inches minimum height, one evergreen tree at eight feet minimum height, and five evergreen shrubs between 24 inches and 30 inches minimum height. These trees and shrubs may be planted anywhere within the tract.
10. 
Landscaping and Structural Features at Entranceways.
A. 
Where the applicant proposes landscaping and/or structural entranceway features (such as gates, walls, or fences) to the subdivision or land development, such landscaping and features shall be included on the required landscape plan and shall be subject to approval of the Board of Supervisors.
B. 
The following minimum standards shall apply to residential entranceways:
(1) 
The structural entranceway feature shall not exceed eight feet in length or six feet in height. The structural feature may include an identification sign, subject to compliance with the sign requirements of the Zoning Ordinance [Chapter 27].
(2) 
The structural entranceway feature shall be landscaped and shall not be illuminated.
11. 
Screening Between Land Uses.
A. 
A completely landscaped visual barrier, or landscape screen, shall be provided and continually maintained between any use identified in § 27-1309 of the Zoning Ordinance [Chapter 27], and any adjoining residential use or residential zoning district. Such required barrier or screen shall conform to the requirements of this section.
B. 
The applicant shall provide plantings and other landscaping improvements such as berms, solid fencing and/or walls, as necessary, to mitigate any adverse impacts including, but not limited to, visual impacts, that the proposed activity will have on the site, adjoining properties, and the Township overall and shall otherwise address all issues as identified in the review of the required existing resources and site analysis.
C. 
Plantings and other landscape improvements shall be provided according to a design in response to specific site conditions and which best mitigate adverse site activity impacts. The amount, density and types of plantings in any given location shall be based upon the natural features of the site, feasibility of using native species, proximity to existing dwellings, compatibility with adjacent uses, nature of views into and across the site and in consideration of privacy of residential uses that may be impacted.
D. 
Where a specific need(s) for visual screening or buffering has been identified, evergreen plantings shall be provided that are a minimum of eight feet in height, measured from ground level, and planted at intervals of not more than eight feet on center. No less than 50% of the plants shall be evergreen mixed throughout the length of such screen, so arranged in two rows of staggered plantings to divert attention (at initial planting) from or obstruct, when viewed six feet from the ground surface, at least 85% of an otherwise clear view of an objectionable or incompatible use or activity during all seasons of the year. Where approved by the Board of Supervisors, upon recommendation of the Planning Commission, the applicant may provide, in lieu of an immediate screen, an eventual screen (three to five years from date of planting) to provide buffering for future development. Such eventual screen plantings shall be a minimum of 2 1/2 feet in height, measured from ground level, and planted at intervals of not more than eight feet on center.
12. 
Landscape Plan Requirements.
A. 
The applicant shall submit a landscape plan, prepared by a landscape architect, registered as such in the Commonwealth of Pennsylvania, that demonstrates compliance with all provisions of this section and which indicates how the applicant's landscape planning and design is based upon the existing resources and site analysis in § 22-304, Subsection 3H, of this chapter.
B. 
The landscape plan shall depict all proposed plantings for parking lots, landscaping adjacent to buildings, street trees, screening and tree replacement requirements, to the extent applicable. Landscape plans shall be submitted as part of the preliminary/final plan submission and shall include notes, diagrams, sketches and/or other depictions to present the consideration and analysis of the following:
(1) 
An analysis of the site in terms of the existing views to and from the areas proposed for development; existing topography and vegetation conditions; and other existing conditions which are relevant to the site.
(2) 
An analysis of proposed planting and other landscaping needs as related to screening parking areas and other areas where vehicles are parked.
(3) 
Requirements and standards for landscaping, in addition to that specified above, shall be as determined by the Board of Supervisors. Consideration shall be given to plantings to reduce glare; to abate other nuisances; to enhance the planting area in conjunction with streets; and to fulfill screening and other functional purposes as required by this chapter and the Zoning Ordinance [Chapter 27].
(4) 
The location, type, size, height and other characteristics of landscaping shall be subject to the review and approval of the Board of Supervisors.
(5) 
Landscape plans shall be based on and reflect the following:
(a) 
The functional and aesthetic factors that relate to the tract.
(b) 
Concealing visibility of parking, loading, trash and storage areas.
(c) 
Using plant materials that are hardy and acclimated to the conditions at the tract and within the Township.
(6) 
The landscape plan shall contain the following:
(a) 
A delineation of existing and proposed plant materials.
(b) 
A delineation of all trees and other vegetation to be removed.
(c) 
A delineation of tree protection areas where snow fence or other temporary fence is placed for protection of vegetation to remain on site.
(d) 
Proposed treatment of entranceways, including both landscaping and structural features (i.e., walls, gates or fences).
(e) 
A "plant list" wherein the botanical name, common name and name abbreviations of proposed plants are tabulated, along with the quantity, caliper, height, spread, and other dimensions and characteristics.
(f) 
Details for the planting and staking of trees, and the planting of shrubs, and any other details which depict other related installation or protection, such as groundcover spacing, tree fencing, tree grates and guards, tree wells and the like.
(g) 
Information regarding the continued maintenance of all plantings, and notes indicating that all plantings shall be installed, maintained and replaced, if dead or diseased, in the same locations as shown on the approved landscape plan.
13. 
Long-Term Maintenance Plan for Street Trees, Landscape Screen, and Parking Lot Landscaping.
A. 
A long-term maintenance plan shall be submitted by the applicant for the on-going management and maintenance of parking lot trees, street trees, buffer plantings, landscape screens, foundation plantings and any other landscaping required by the Township pursuant to this chapter and the Zoning Ordinance [Chapter 27].
B. 
It shall be the responsibility of the owner/occupant of the property to implement the long-term maintenance plan or provide the maintenance plan to the owner's landscape contractor and ensure that the plan is observed.
C. 
The Township shall have the right, but not the obligation, to periodically inspect the property to ascertain compliance with the long-term maintenance plan.
D. 
The long-term maintenance plan shall establish standards of care and maintenance on an annual basis, including the following:
(1) 
Lawns. The plan shall establish standards for mowing, watering, fertilizing, herbicide, and pesticide applications of lawn grasses.
(2) 
Meadows. The plan shall establish standards for mowing, watering, fertilizing, and removal of noxious weeds from meadow grasses and wildflowers.
(3) 
Landscape Screens. The plan shall establish standards for watering, fertilizing, pruning, and removal of noxious weeds.
(4) 
Trees. The plan shall establish standards for pruning, watering and fertilizing. Excessive crown pruning to facilitate visibility of buildings shall not be permitted and shall be so stated in the maintenance agreement.
E. 
It shall be the responsibility of the landowners, developers, homeowners association, tenants and/or other occupants of the premises to adequately and properly maintain the landscaped areas, in accordance with the long-term maintenance plan.
14. 
Plant Characteristics.
A. 
Plants proposed for landscaping for any purpose shall comply with the following criteria:
(1) 
The applicant shall select plantings for street trees and general landscaping purposes from Appendix 22-B attached hereto. Plants and/or trees other than those listed in Appendix 22-B may be used, if recommended by the Planning Commission and approved by the Board of Supervisors.
(2) 
All plants shall conform with the "American Standard for Nursery Stock" of the American Association of Nurserymen, latest edition. Trees and shrubs shall be typical of their species and variety, and shall have normal growth habits, well-developed, densely foliated branches, and vigorous, fibrous root systems.
(3) 
Trees and shrubs shall be free from defects and injuries and certified by appropriate federal and state authorities to be free from diseases and insect infestations.
(4) 
Trees and shrubs shall be freshly dug and nursery grown. They shall have been grown under climatic conditions similar to those in the locality of the development or properly acclimated to conditions of the locality of the development and shall be properly root pruned to ensure the healthy development of feeder roots in the root ball.
(5) 
Appropriate species of trees shall be chosen and placed so as not to interfere with overhead utility lines.
(6) 
All plantings shall be guaranteed and maintained in a healthy and/or sound condition for at least 18 months from the date of acceptance of dedication to the Township or shall be replaced. The eighteen-month maintenance period for plantings on an individual lot to be sold shall begin from the date of issuance of a use and occupancy certificate for such lot.
15. 
Conservation of Existing Vegetation and Natural Features.
A. 
When site disturbance necessitates the clearing of trees, the applicant shall be guided by the following criteria in the selection of vegetation for retention and clearing:
(1) 
Aesthetic values including, but not limited to, autumn coloration, types of flower or fruit, bark and crown characteristics and amount of dieback present.
(2) 
Susceptibility to disease and/or insect infestation.
(3) 
Species longevity.
(4) 
Wind firmness and capability of soil to hold trees.
(5) 
Existence of disease, rot or other damage, and such damaged trees shall be removed.
(6) 
Protection of buildings, structures and historic resources.
(7) 
The size of trees at maturity.
B. 
The applicant shall exercise care to protect retained trees from damage during construction. The following procedures shall be utilized in order to protect such trees:
(1) 
Where trees are to be retained, no disturbance or construction shall be permitted within 10 feet of the drip line of the trees. Where trees to be retained are adjacent to proposed disturbance or construction, appropriate fencing, four feet in height, shall be placed at 10 feet outside the drip line of such trees. Such fencing shall remain in place throughout the duration of construction activity. Roots shall not be cut within the drip line of retained trees.
(2) 
Trees within 25 feet of a building or other structure or bordering entrances and exits to a building site or site otherwise to be disturbed shall be protected by a temporary barrier.
(3) 
No material shall be nailed or otherwise attached to trees that may cause damage to trees during construction or site disturbance.
(4) 
Tree trunks and exposed roots accidentally damaged during construction or site disturbance shall be protected from further damage by being immediately and professionally treated.
(5) 
Tree limbs accidentally damaged during construction or disturbance shall immediately be sawed flush to the trunk.
(6) 
Nondormant trees located adjacent to construction or site disturbance activity shall be given an application of the appropriate type and amount of fertilizer to aid in recovery from potential accidental damage.
(7) 
Construction debris or other debris shall not be stored or disposed of within 10 feet of the drip line of retained trees except for mulched vegetative matter used to prevent soil compaction.
C. 
Trees of twenty-five-inch DBH or greater shall not be disturbed.
16. 
Site Maintenance and Guarantee.
A. 
All landscape improvements to be provided in accordance with this section shall be installed and maintained by accepted practices as recognized by the American Association of Nurserymen. Planting and maintenance of vegetation shall include, as appropriate and not limited to, provisions for surface mulch, guy-wires and stakes, irrigation, fertilization, insect and disease control, pruning and weeding.
B. 
The applicant shall guarantee, in accordance with Part 6 of this chapter, that all required landscape improvements shall be installed and maintained in a healthy and/or sound condition, or otherwise be replaced by equivalent improvements, for a period of at least 18 months from the date of completion of all improvements and acceptance of dedication of all public improvements by Township. After installation and prior to acceptance of the landscape improvements by the Township, if applicable, the Township Engineer shall perform an inspection of such improvements for compliance with the approved landscape plan.
C. 
The installation of street trees, landscape buffer or screen plantings and other required landscape improvements shall be guaranteed in the same manner as other site improvements in accordance with Part 6 of this chapter. The cost of the landscape improvements, including material and installation, shall be considered in determining the amount of the performance guarantee required. The applicant shall be required to escrow sufficient funds for the maintenance and/or replacement of the installed plantings or other material during the eighteen-month replacement period.
[Ord. 179, 8/8/2011, § I; as amended by Ord. 196, 8/12/2013, § I; and by Ord. 205, 12/14/2015, §§ XV, XVI]
1. 
Natural and Historic Resources. Consideration shall be shown, and limitations or restrictions shall be identified, for all natural and historic resources, such as large trees, watercourses, hedgerows, and similar community assets that, if preserved, will add attractiveness and value to the remainder of the subdivision. Trees shall be preserved wherever possible. Site alterations, regrading, filling or clearing of vegetation prior to the submission and approval of applications for zoning or building permits or the submission and approval of plans for subdivision or land development shall be a violation of this chapter. The following standards shall apply to all natural and historic resources:
A. 
Streams, watercourses, wetlands, wetland margins, tributaries, lakes or ponds shall not be altered, regraded, developed, filled, piped, diverted or built upon except in those instances where no other reasonable alternative is available and in strict compliance with regulations of the Pennsylvania Department of Environmental Protection.
B. 
In the event that a wetlands delineation, validated by the U.S. Army Corps of Engineers, is shown to vary from the wetlands boundary shown on the plan in accordance with § 22-304, Subsection 3A(18), the Corps of Engineers delineation shall govern. The wetlands margin shall then be measured from the Corps of Engineers delineated boundary.
C. 
Historic resources shall not be demolished, removed or altered except in strict compliance with applicable federal and state laws and regulations following satisfactory completion by the applicant of the Section 106 Review process and the submission of a cultural resources notice to the PHMC and the Historical Commission.
D. 
In the event that two or more protection standards are applicable to a natural or historic resource, the standard that is the most restrictive (i.e., permits the least amount of alteration, regrading, clearing or building) shall govern.
2. 
Trails.
A. 
A system of bicycle, equestrian, and/or pedestrian trails for public use unrelated to and separate from sidewalks shall be established upon recommendation of the Planning Commission and to the satisfaction of the Board of Supervisors. Such trails shall be consistent with the Parks, Recreation, and Open Space Plan or other applicable plans specified by the Township, so as to encourage the formation of an interconnecting trail network both within and beyond the Township.
B. 
When a subdivision or land development proposal is traversed by or abuts an existing trail customarily used by pedestrians, bicyclists, and/or equestrians, as shown on the Comprehensive Plan or as otherwise identified by the Township, the applicant shall be required to make provisions for the continued recreational use of the trail, if recommended by the Planning Commission and approved by the Board of Supervisors.
C. 
The applicant may alter the course of the trail, or provide for a trail with equivalent dimensions in an alternative location within the tract for which development is proposed (unless otherwise restricted by the terms and conditions under which the trail was granted), under the following conditions:
(1) 
The points at which the trail enters and exits the tract remain unchanged.
(2) 
The proposed alteration exhibits quality trail design according to generally accepted principles of landscape architecture. The Township recommends the "Guidelines for Trail Development within Montgomery County, Pennsylvania," as a guide for the development of high quality trails.
(3) 
The proposed alteration does not run coincidentally with a paved road intended for use by motorized vehicles.
D. 
To facilitate circulation, trails may be required to serve the interior of a subdivision or land development and link to an outside trail and/or sidewalk. The specifications for such trails shall be as follows:
(1) 
Regional Trail. Provides connection between multiple municipalities and shall be constructed to the following specifications and designs:
(a) 
Easement width of 30 feet or greater.
(b) 
Trail width of eight feet to 12 feet.
(c) 
Tread design of six inches 3A Modified Aggregate, two inches 2A Modified Aggregate, 2 1/2 inches binder course asphalt, and 1 1/2 inch wearing course asphalt. All aggregate surfaces shall be installed upon PennDOT Class 2, Type A geotextile fabric.
(d) 
Slope and grade shall have a 4.65% maximum profile slope (5% slope for 25 feet, five feet landing) 1% to 2% side section slope.
(e) 
Clearing height shall be a minimum of 16 feet above the trail surface.
(f) 
Clearing width shall be a minimum of five feet from both edges of the trail.
(g) 
Access control barriers including, but not limited to, bollards or gates shall be installed to prevent unauthorized vehicular access while allowing exclusive access for maintenance and emergency vehicles.
(h) 
Trail signage shall be provided based upon commonly accepted standards, as recommended by the Planning Commission and approved by the Board of Supervisors.
(2) 
Community Trail. Provides connection between areas of the Township and shall be constructed to the following specifications and designs:
(a) 
Easement width of 20 feet.
(b) 
Trail width of six feet.
(c) 
Tread design of four inches AASHTO No. 57 (PennDOT 2B) compacted aggregate base with a two inch Superpave 25.0 mm binder course and a one inch Superpave 9.5 mm wearing course. Compaction of aggregate shall be to the satisfaction of the Township Engineer. All Superpave designs shall use PG-64.
(d) 
Trail shall have a maximum longitudinal slope of 8% and shall have a cross section slope of 3/8 inch per foot incorporated as a crown or continuous slope from edge to edge of pavement.
(e) 
Clearing height shall be a minimum of 10 feet.
(f) 
Clearing width shall be a minimum of two feet from both edges of the trail.
(g) 
Access control barriers including, but not limited to, bollards or gates shall be installed to prevent unauthorized vehicular access while allowing exclusive access for maintenance and emergency vehicles.
(h) 
Trail signage shall be provided based upon commonly accepted standards, as recommended by the Planning Commission and approved by the Board of Supervisors.
(3) 
Rural Trail. Provides a bicycle, equestrian and/or pedestrian pathway in a defined location, without connection between areas of the Township or with other municipalities, and shall be constructed to the following specifications and designs:
(a) 
Easement width of 20 feet.
(b) 
Trail width of three feet.
(c) 
Tread design shall be a natural earthen surface or improved with gravel or wood chips.
(d) 
Slope and grade as dictated by the topography. However, erosion control shall be installed on slopes greater than 5%.
(e) 
Clearing height shall be a minimum of eight feet.
(f) 
Clearing width shall be a minimum of two feet from both edges of the trail.
(g) 
Access control barriers including, but not limited to, bollards or gates shall be installed to prevent unauthorized vehicular access while allowing exclusive access for maintenance and emergency vehicles.
(h) 
Trail signage shall be provided based upon commonly accepted standards, as recommended by the Planning Commission and approved by the Board of Supervisors.
E. 
All trails shall be designed to include drainage improvements as recommended by the Township Engineer. Regional and community trails shall utilize storm pipes with endwalls or end sections to capture and convey concentrated stormwater flow under the trail. Swales shall be utilized uphill of trails to prevent stormwater from flooding trails. The developer shall be responsible for installing additional drainage facilities, as required by the Township Engineer, should drainage problems arise after trail construction.
F. 
No trail shall be designed with the intent to accommodate motorized vehicles.
G. 
Trails and their easements or rights-of-way shall be offered for dedication in fee simple to the Township.
3. 
Historic Resources. Historic resources shall be identified and preserved in accordance with the terms of the Zoning Ordinance [Chapter 27] and may be credited toward open space requirements under the following conditions:
A. 
The historic resource shall be situated upon a tract of land of sufficient size to preserve an impression, although not necessarily the exact condition, of the environs of the said feature prior to construction of the proposed development. The amount of credit toward open space requirements shall be in accordance with § 22-426, Subsection 3G.
B. 
The historic resource shall not be moved.
C. 
The applicant may be required to provide interpretive signage explaining the significance of the historic resource.
D. 
The historic resource and the tract upon which it is located shall be maintained by the owner of the tract, a community association, a public agency, or a private conservation group which shall be responsible for the maintenance of the feature and its grounds.
E. 
The developer shall be responsible for improvements to the site deemed necessary by the Board of Supervisors to protect public safety.
F. 
The Township shall maintain a permanent record of all historic resources that have been credited to open space requirements, as well as the amount of land per historic resource so credited.
[Ord. 179, 8/8/2011, § I]
1. 
A construction sequence for the overall site shall be noted on all major subdivision and land development plans. This shall include, but not be limited to, the following:
A. 
Construction of all escrowed improvements.
B. 
Approximate start and end date of construction by month and year.
C. 
Chester County Conservation District address, telephone number, and requirements for construction (i.e., E & S Plan on site, pre-construction meeting).
D. 
Rules of following the sequence item by item.
E. 
Installation of construction entrance.
F. 
Installation of protection measures for natural and historic resources to be preserved.
G. 
Installation of soil stabilization measures and stormwater controls.
H. 
Rough grading site.
I. 
Installation of utilities.
J. 
Emergency access drives, if required, to be constructed (and approved by the Township) prior to the submission of any building permit applications.
K. 
Trails, if required, to be constructed (and approved by the Township) prior to the submission of any building permit applications.
L. 
Permanently stabilize disturbed areas.
M. 
Begin on-lot construction in accordance with on-lot construction sequence.
N. 
Convert stormwater basins from temporary to permanent conditions.
O. 
Remove erosion control measures.
P. 
Final inspection of the site for proper stabilization and repair, if necessary.
2. 
Additionally, a construction sequence for the "typical" on-lot construction shall be noted on all major subdivision and land development plans. This shall include, but not be limited to, the following:
A. 
Installation of construction entrance.
B. 
Installation of protection measures for natural and historic resources to be preserved.
C. 
Rough grading site.
D. 
Installation of soil stabilization measures and stormwater controls.
E. 
Stormwater management facilities and/or BMPs to be constructed (and approved by the Township) on a lot prior to the issuance of a use and occupancy certificate for said lot.
F. 
Sidewalks, if required, across a particular lot as per the approved plan, shall be constructed (and approved by the Township) across said lot prior to the issuance of a use and occupancy certificate for said lot.
G. 
Curb, if required, across a particular lot as per the approved plan, shall be constructed (and approved by the Township) across said lot prior to the issuance of a use and occupancy certificate for said lot.
H. 
Driveway entrance (between the road edge of paving and the right-of-way line) and driveway apron (in the case where a sidewalk crosses a driveway, if applicable) on each lot shall be constructed (and approved by the Township) prior to the issuance of a use and occupancy certificate for said lot.
3. 
Language shall be included on the subdivision and land development plans allowing the sequence of construction required by this section to be part of the sequence of construction required for an erosion and sedimentation pollution control plan, if applicable, provided that the erosion and sedimentation sequence meets all requirements of this section.
[Added by Ord. 209, 12/12/2016]
1. 
Purpose. The purpose of this section is to help prevent and minimize unnecessary risk to the public health, safety and welfare due to transmission pipelines and ensure consistency with the intent of the Township's Comprehensive Plan. Recognizing it is impossible to eliminate risk entirely, this section is intended to:
A. 
Minimize the likelihood of accidental damage to transmission pipelines due to external forces, such as construction activity and equipment.
B. 
Avoid exposing land uses with high on-site populations that are difficult to evacuate.
C. 
Help reduce adverse impacts in the event of a pipeline failure.
D. 
Ensure compliance with and supplement existing federal and state regulations related to transmission pipeline corridor management, including Federal Energy Regulatory Commission (FERC) standards, the Pennsylvania Oil and Gas Act, as amended,[1] and Pennsylvania case law.
[1]
Editor's Note: See 58 P.S. § 1 et seq.
2. 
Applicability.
A. 
Setbacks.
(1) 
New residential buildings and all new commercial, industrial and institutional uses other than those surface uses affiliated with transmission pipelines shall be set back a minimum of 300 feet from any existing or proposed transmission pipeline right-of-way; such uses shall be set back from natural gas compressor stations or other surface land uses affiliated with transmission pipelines a minimum of 750 feet or 500 feet from the nearest lot line of natural gas compressor stations or other surface land uses affiliated with transmission pipelines, whichever is greater. Other unoccupied residential or nonresidential accessory uses, such as, but not limited to, detached garages, parking areas, storage facilities or garden sheds, shall not be located within 200 feet of any pipeline right-of-way. Where yard area or other setbacks of the underlying zoning district contradict these standards, the larger of the setbacks shall apply.
(2) 
Setbacks may be modified by the Township pursuant to the type of material being transported in the pipeline, the type of use being proposed for the site, and the current status of science regarding safety protocols in proximity to pipelines or surface land uses affiliated with transmission pipelines. The Township shall, on a case-by-case basis, determine whether increased setbacks are warranted consistent with the potential impact radius (PIR), defined by the relationship between the diameter of the adjacent pipeline and its maximum operating pressure [See Appendix A of the Zoning Ordinance (Chapter 27)], whether high on-site populations are proposed (often referred to as "high-consequence areas"), and whether more than one transmission pipeline (such as coupled lines) exist (or are proposed). The PIR approach is applicable only to "gas" or "petroleum gas" transmission pipelines as defined by Title 49, Code of Federal Regulations, § 192.3. Transmission pipelines carrying "hazardous liquids," as defined by Title 49, Code of Federal Regulations, § 195.2, shall adhere to the setback standards contained in this subsection.
(3) 
No activity or grading within the pipeline setback shall create depressions or areas in which flammable or explosive materials may collect or accumulate; examples include, but are not limited to, grading for structures, stormwater management facilities or landscape beds. Furthermore, pipeline rights-of way shall be identified and protected during construction by erecting suitable temporary barricades (nondisturbance fencing or silt fencing) and posting notices on site.
B. 
Consultation Zone.
(1) 
Any preliminary and/or final plan application, other than those surface uses affiliated with transmission pipelines, for new residential structures and all commercial, industrial and institutional uses (whether Class 1, 2, 3 or 4 locations pursuant to Appendix A of Chapter 27), proposed within 660 feet of any existing or proposed transmission pipeline right-of-way shall include written verification from the applicant that:
(a) 
The applicant has contacted the pipeline operator(s) and has provided the pipeline operator(s) with documentation detailing the proposed development activity and where the activity is to take place;
(b) 
The applicant has made sufficient access to the pipeline available to the pipeline operator(s) for routine maintenance and emergency operations; and
(c) 
The pipeline operator(s) has (have) reviewed the documents for compatibility with continued or proposed safe operation of the transmission pipeline(s).
(2) 
It shall be clear in the written notification submitted with the preliminary and final plan applications that the pipeline operator(s) has (have) received and acknowledged documentation showing the proposed activity and its location.
C. 
Land Uses With High On-Site Populations.
(1) 
Applicants for land uses with high on-site populations within 660 feet of a transmission pipeline shall develop appropriate mitigation measures to help reduce adverse impacts in the event of a pipeline failure. Such measures and/or corresponding plans shall be submitted to the Township for review. Land uses with high on-site populations include schools (through grade 12), hospitals, clinics, multifamily housing, retirement and/or life care facilities, stadiums or arenas, day-care centers, or large-scale commercial, industrial or institutional uses of 50 or more persons.
(2) 
Mitigation measures intended to reduce risk and minimize impact in the event of a pipeline failure include, but are not limited to: emergency procedures, such as emergency plans and guides, employee training and drills, and education programs for occupants and employees concerning pipeline safety, such as what to be aware of and how to respond in the event of a problem. Applicants shall consult with the Township Fire Marshal regarding the level of emergency planning and procedures appropriate for the proposed development; the Fire Marshal may also require submission of plans for review and approval where deemed appropriate.
3. 
Land Development Design, Buffering and Screening.
A. 
Applicants shall consider existing or proposed pipelines in their design and placement of lots, structures and roads. Specifically, consideration shall be given to incorporating the linear appearance of the pipeline right-of-way into the overall development design or landscaping in a manner that works with or minimizes the linear appearance of the pipeline right-of-way. Attempts shall be made to avoid creating a bisecting and unnatural linear space that does not relate to the land development.
B. 
The applicant shall provide a landscape plan in accordance with the requirements of § 22-428 of this chapter, showing landscaping proposed to be installed to minimize the linear appearance of the pipeline right-of-way and to screen and buffer new development from transmission pipelines in the event of an accident or failure. Landscaping shall be used both to minimize the linear appearance of the pipeline right-of-way and to buffer structures from those remedial activities associated with pipeline failure and cleanup. The landscape plan shall conform to the requirements of § 22-428, Subsection 11D, of this chapter and shall incorporate a mix of native vegetation, including evergreens, shrubbery and trees, which shall be of sufficient density to meet the objectives outlined herein. Existing vegetation in proximity to transmission pipelines shall be preserved to the greatest extent possible. All proposed landscaping shall comply with the requirements of § 22-429 of this chapter.