Township of Charlestown, PA Part 5 DESIGN STANDARDS

§ 22-501 General Standards.

[Ord. 5/3/1982, § 500; as amended by Ord. 111-2003, 11/3/2003, § 3; and by Ord. 117-2004, 3/15/2004, § 1]

1. All subdivision and/or land development plans to be approved by the Board of Supervisors must comply with the standards contained within this Part. Such standards shall be considered minimum requirements for the promotion of the public health, safety and general welfare. In general, the following shall apply:

A. Land shall be developed in conformance with the Comprehensive Plan, Zoning Ordinance [Chapter 27] and other ordinances, codes and regulations in effect in the Township and with the official sewage facilities plan and other Township plans and maps.

B. Land shall be developed in conformance with all pertinent statutes, regulations, rules and codes of federal, state and county agencies concerned with subdivision, land development, construction and improvements or any activity arising out of or related thereto in any way whatsoever.

C. The design of subdivisions and land developments shall preserve, insofar as possible, the natural terrain, natural drainage, existing topsoil and existing trees.

D. Land subject to hazards to life, health or property, such as may arise from fire, floods, disease or other causes shall not be developed for building purposes unless such hazards have been eliminated or unless the plan shall show adequate safeguards against them.

E. All portions of a tract being developed shall be encompassed in lots, streets, public lands or other proposed uses so that landlocked areas shall not be created.

F. All subdivisions and land developments shall demonstrate careful site planning and design that is responsive to the environmental and other features identified on the Development Constraints Map. (See Appendix.)

G. All subdivisions and land developments shall comply with the Tree Protection Details as shown in the Appendix.

H. All subdivisions and land developments shall demonstrate careful site planning, design, and proposed construction that is responsive to the Greenway Guidelines, Traffic Calming, and Key Design Elements, as shown in the Appendix, as applicable to a specific subdivision and land development plan.

§ 22-502 Monuments and Markers.

[Ord. 5/3/1982, § 501]

1. Monument locations must be shown on the final plan to define the exact location of all streets and to enable the re-establishment of all street lines. Monuments shall be placed at the following locations:

A. At each intersection.

B. At changes in direction of street lines, excluding curb arcs at intersections.

C. At each end of every cartway, excluding curb arcs at intersections.

D. At locations where topographical conditions obstruct sighting between two otherwise required monuments.

E. At other locations along the lines of streets as may be determined to be necessary by the Township Engineer.

2. Monument locations defining the perimeter of the tract shall be determined by the Township Engineer.

3. Markers shall be set at locations shown on the final plan as follows:

A. At all points where lot lines intersect curves, either front or rear.

B. At all angles in property lines of lots.

C. At all other lot corners.

4. Markers required under § 22-502, Subsection 3, shall be placed by an engineer or surveyor when final grading has been completed. Such markers shall be placed before any lot is conveyed.

5. Monuments and markers shall be placed so that the scored and marked point shall coincide exactly with the intersection of lines to be marked, and shall be set so that the top of the monument or marker is level with the surface of the surrounding ground. Monuments and markers shall consist of the following:

A. Monuments shall be of concrete or stone with a minimum of six inches by six inches by 30 inches. Concrete monuments shall be permanently marked on top with an indented cross or drill hole of 1/4 inch in diameter which shall coincide exactly with the point of intersection of the lines being monumented.

B. Markers shall consist of iron pipes or steel bars 30 inches in length and 3/4 inches in diameter.

6. Monuments shall be placed for all areas of land, improvements or public easement to be offered for dedication prior to acceptance thereof by the Township or other entity to which same are offered. Monuments shall be placed by an engineer or surveyor and shall be inspected by the Township Engineer before they are covered.

7. All elevations shown on plans must be based on datum from the U.S. Geological Survey Quadrangles for Malvern, Pa., or Valley Forge, Pa., and/or datum used for the public sewer system in the Township.

§ 22-503 Streets.

[Ord. 5/3/1982, § 502]

1. Streets shall be designed in accordance with the following general principles and criteria:

A. The proposed street pattern and payout shall be property and logically related to existing streets and their functional characteristics.

B. The proposed street pattern and payout shall be property and logically related to the topography of the land with regard to grades and conditions of drainage. Grades of streets shall conform as closely as possible to existing grade.

C. The proposed street patterns shall be designed to enhance view from the road and to create a greater variety of lot appearance through a curvilinear alignment.

D. The proposed street pattern and layout shall provide suitable access to each lot and permit safe and convenient circulation of vehicular and pedestrian traffic.

E. Every lot shall abut on a public street, except as provided for otherwise in § 27-1610 of the Zoning Ordinance [Chapter 27].

F. Provisions shall be made for the extension and continuation of major and minor collector streets and local primary streets into and from adjoining areas, except when topographical or hydrological conditions shall make the same impracticable.

G. All streets shall be platted to the boundary lines of the subdivision or land development if the subdivision or land development adjoins lands which may be developed in the future, and the same shall be provided with easements for turnarounds.

H. If lots resulting from subdivision are large enough to permit re-subdivision, or if a portion of the tract is not subdivided, adequate street rights-of-way to permit further subdivision shall be provided as necessary.

I. Reserve strips controlling access to public ways will not be permitted excepting where the control and disposal of the land comprising such strips are placed within the jurisdiction of the Township.

J. Streets that are extensions of or in alignment with existing named streets shall bear the names of such existing streets; new street names shall not duplicate or be phonetically similar to existing street names; and, all street names shall be subject to the prior approval of the Board of Supervisors and the postmaster of the local postal services district.

K. Where streets continue into adjoining municipalities, compatibility of design, particularly with regard to cartway widths, shall be employed to avoid abrupt changes in the cartway width or to other improvements within the right-of-way.

L. Streets shall be designed so as to avoid edge erosion through the use of curbs and gutters as required in § 22-505 herein.

2. Cul-de-sac streets shall be designed as follows:

A. All culs-de-sac, whether permanently or temporarily designed as such, shall not exceed 1,000 feet in length, with a paved turnaround having a minimum radius of 50 feet to the outside curb or pavement line, and an additional ten-foot right-of-way outside the pavement or curb line.

B. The pavement width of the cartway leading to the turnaround shall be a minimum of 24 feet and the right-of-way shall be a minimum of 15 feet. However, whenever a cul-de-sac is employed to service industrial, commercial and institutional lots and/or land development, then the minimum cartway width shall be 26 feet.

C. When required for future extension, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient width along the boundary line to permit extension of the street at full width.

D. Drainage of culs-de-sac shall, whenever possible, be in the direction of the open end thereof.

E. A planting area in the center of the turnaround with a twenty-foot radius shall be provided, around which no raised curb shall be permitted.

F. All design standards in § 22-503, Subsection 3, herein which are pertinent to culs-de-sac shall apply.

3. In addition to the aforementioned principles and criteria set forth in § 22-503, Subsections 1 and 2, the following shall apply to all streets:

A. The Township Planning Commission in conjunction with the Township Engineer shall evaluate proposed streets according to their functional classification, as defined in § 22-202 herein, and as related to the classification for existing streets as depicted in the map of the same in the Appendix, and, review all plans, documents and profiles to determine their conformance to the cartway and right-of-way width and other standards set forth in this section for various types of streets according to the classification which they deem to be most appropriate and logical.

B. The following right-of-way and cartway widths shall apply:

(1) Every minor arterial street, major collector street and every minor collector street in or adjacent to a subdivision or land development shall contain a minimum right-of-way width of 60 feet, and a minimum cartway width of 36 feet.

(2) Every local primary street in or adjacent to a subdivision or land development shall contain a minimum right-of-way of 50 feet and a minimum cartway width of 26 feet. For the purposes of this chapter, streets proposed within the Limited Industrial Neighborhood Commercial and Institutional Zoning Districts of the Township shall be designed as local primary streets, as well as the principal or major street proposed within any planned residential development.

(3) Every local secondary street and every loop street in or adjacent to a residential subdivision or land development shall contain a minimum right-of-way width of 50 feet and a minimum cartway of 24 feet.

(4) Right-of-way widths in excess of the aforementioned standards shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of 3:1.

(5) Additional cartway widths may be required by the Board of Supervisors in specific cases for the following:

(a) Public safety and convenience.

(b) Access to off-street parking in commercial and industrial areas and for planning residential development projects.

C. A minimum grade of 1% shall be provided on all streets; a maximum grade of 7% shall be permitted on all major and minor collector streets, and 10% on all local roads.

D. The finished road grade on all streets shall be carried the entire width of the right-of-way. However, grading behind the curbs or beyond the edge of the cartway may be modified, as determined by the Township Engineer, provided the minimum sight distances are maintained along the vertical and horizontal curvatures of the street, provided no obstructions exist at intersections within the clear sight triangle and provided that no sidewalks area required.

E. Maximum slopes of banks measured perpendicular to the center line of the street shall be three feet horizontal to one-foot vertical in fill areas and three feet horizontal to one-foot vertical in cut areas.

F. Vertical curves shall be used in all changes of grade exceeding 1%, and shall be designed for maximum visibility and standards of safety.

G. The maximum grade on the approach to any intersection shall be 4% for the distance of 50 feet, measured from the nearest right-of-way line of the intersecting street along the curb line or edge of the cartway.

H. No cul-de-sac turnaround shall have a grade which exceeds 4%.

I. The minimum radius at the center line for curves on local streets shall be 150 feet; the minimum radius at the center line of collector streets shall be 300 feet. The foregoing minimum radii shall apply in all cases where the street deflects 10° or more, and variations in radii may be permitted when topographic or other conditions so require.

J. A minimum curb or paving radius of 30 feet and a minimum radius of 20 feet for right-of-way lines shall be provided at all local secondary and loop street intersections; and, minimum radii of 50 feet and 40 feet respectively as above shall be provided on all other street intersections.

K. A tangent of at least 100 feet, measured at the center line between reverse curves shall be required for all streets.

L. Proper sight distance shall be provided with respect to both horizontal and vertical alignment. A clear sight distance, as defined in § 22-202 herein shall be provided as follows:

(1) One hundred feet for local streets, measured along the center line thereof.

(2) Two hundred feet for collector streets, measured along the center line thereof.

M. Proper sight lines shall be maintained at all street intersections where there shall be a clear sight triangle of 75 feet, measured along the center lines from the point of intersection. The triangular shaped portion of land forming the clear sight triangle shall not have anything erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

N. Right angle intersections shall be used whenever partial and no intersection angle, measured at the center line, shall be less than 60°.

O. No more than two streets shall cross at the same point.

P. Proposed intersections along one side of an existing street shall coincide with any existing intersections on the opposite side of such street, or offset by at least 200 feet from center line to center line.

Q. Intersections along minor arterial, major collector and minor collector streets shall be a minimum of 1,000 feet apart.

R. Where a subdivision or land development borders an existing street or intersection which is proposed to be improved as displayed in the Comprehensive Plan on a plan for circulation, said street or intersection shall be improved to the full width as required in § 22-503, Subsection 3B, herein and in accordance with the map depicting the Functional Classification of Streets, Roads and Highways contained in the Appendix with the following considerations:

(1) This requirement shall apply only to Township roads and those sides of intersections which pertain to Township Roads.

(2) Should the tract border said road or intersection on only one side, then the improvements shall take place only on the side of the road or intersection which is tangent to the tract.

(3) All improvements to be made to said roads and intersections shall be determined by the Township Engineer.

(4) Land associated with the rights-of-way for said roads and intersections shall be delineated, depicted and otherwise noted on all subdivision and/or land development plans for the subject tract and shall be offered for dedication with the improvements associated therewith.

S. When a subdivision or land development fronts on an existing street having a right-of-way less than the minimum width required in this chapter, an ultimate right-of-way line shall be established with the following considerations:

(1) The distance of this ultimate right-of-way line from the center line of the existing right-of-way shall be 1/2 the width of the required minimum right-of-way.

(2) The ultimate right-of-way shall be delineated, depicted and otherwise noted on all subdivision and land development plans and shall be offered for dedication with the improvements associated therewith.

T. Acceleration and deceleration lanes shall be provided to aid in ingress and egress relative to minor arterial, major collector and minor collector streets, with the following considerations:

(1) Where a subdivision or land development borders a state road, the landowner or developer shall confer with the Pennsylvania Department of Transportation (PennDOT) regarding specific design standards for such lanes.

(2) Where a subdivision or land development borders a Township road, the landowner or developer shall confer with the Township Engineer regarding specific design standards for such lanes.

U. Street signs similar to those which exist in the vicinity of the property shall be provided and erected by the landowner or developer at all intersections, subject to the prior approval of the Board of Supervisors.

§ 22-504 Construction of Streets.

[Ord. 5/3/1982, § 503; as amended by Ord. 64-1992, 9/14/1992, § 1]

1. All materials used in the construction of streets, and the methods of construction and drainage thereof, shall be in accordance with the requirements of the Pennsylvania Department of Transportation Form 408 Specifications, dated 1976, or the most recent amendments or revisions thereof.

A. Subgrade construction shall be performed in accordance with PennDOT's Form 408, § 210, and the following standards:

(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 including the width to be occupied by shoulders.

(2) All large, loose rocks shall be removed or broken off to a depth of nine inches below the base course.

(3) All unsuitable subgrade materials shall be removed or stabilized.

(4) All wet or swampy areas shall be permanently drained and stabilized.

(5) Fills shall be made with suitable materials and thoroughly compacted for full width in uniform layers of not more than eight inches in thickness.

(6) Subgrades shall be thoroughly compacted by rolling with a three-wheel, ten-ton roller or similar equipment.

B. Crushed aggregate base course construction shall be performed in accordance with PennDOT's Form 408, § 310, and the following standards:

(1) The base shall be a crushed stone base course thoroughly compacted to a depth of not less than eight inches after compaction by roller. The coarse aggregate for crushed stone base shall conform to the grading requirements of No. 4 aggregate. Fine aggregate shall conform to the grading requirements of No. 1 aggregate.

(2) Before spreading any material, the landowner or developer shall place a sufficient number of grade stakes to represent the finished grade of the proposed street as sown on the approved plans and profiles. Said placement of stakes shall be inspected by the Township Engineer.

(3) Prior to placing the coarse aggregate, a two-inch layer of limestone screenings shall be spread over the subgrade to serve as a bed for the coarse aggregate. This initial layer of limestone screenings shall not be placed on a wet, froze or unsuitable subgrade.

(4) Coarse aggregate shall be spread uniformly on the prepared bed as follows:

(a) Mechanical stone spreaders shall be used to spread the material the full width of the base to the proposed curbs or rolled gutters.

(b) In areas inaccessible to spreading equipment, the material may be spread directly from trucks provided the distribution is satisfactory to the Township Engineer.

(c) After each layer of material has been spread, it shall be checked with approved templates and straightedges and all irregularities shall be satisfactorily corrected prior to rolling.

(d) The coarse material shall be rolled and thoroughly compacted with a three-wheel, ten-ton roller. The rolling shall begin at the sides and progress to the center of the road. Rolling shall be parallel with the proposed center line, uniformly lapping each preceding track, covering the entire surface with the rear wheels and continuing until the materials do not creep or wave ahead of the roller wheels.

(e) Red flags shall be placed at the limits of satisfactorily compacted coarse material. The flags shall be moved ahead by the Township Engineer as additional material is compacted, and no fine aggregate shall be spread over the coarse material in advance of the flag-marked sections.

(5) After the coarse aggregate has been satisfactorily rolled and compacted, fine aggregate, suitably conditioned to assure thorough filling of the voids in the coarse aggregate, shall be spread uniformly over the surface as follows:

(a) Approved mechanical equipment shall be used for spreading the fine aggregate. However, in areas inaccessible to spreading equipment, the Township Engineer may permit manual spreading which shall be performed in a sweeping motion with a square-pointed shovel, alternately in opposite directions, until the voids are completely filled.

(b) Immediately following the aforementioned operation, the fine material shall be broomed and rolled until the voids in the coarse material are completely filled and the base course is thoroughly compacted and firmly set. Brooms attached to the roller and hand brooms shall be used to uniformly spread the fine material.

(c) The rolling and brooming of the surface shall be continued during the process of spreading the fine material. Rolling shall begin at the sides and shall progress as stated in § 22-504, Subsection 1B(4)(d), herein.

(d) After the completion of the application and rolling of fine materials, the surface shall be sprinkled with water and rolled. The sprinkling and rolling shall be continued and additional fine material applied where necessary until all voids are filled and until a slight wave of grout forms in front of the roller wheels. Brooms attached to the roller and hand brooms shall be used to distribute the grout uniformly into any unfilled voids. After the wave of grout has been produced over the entire section of the base course, this portion shall be left to dry. The quantity of fine material and water used shall be determined by the Township Engineer and shall be sufficient to provide a smooth, hard monolithic surface.

C. Bituminous pavement construction shall be performed in accordance with PennDOT's Form 408, § 401 and the following standards:

(1) The bituminous surface course shall be either:

(a) Bituminous surface course ID-2A, which shall consist of a 1 1/2 inch binder course of hot-mixed, hot-laid asphaltic concrete; and a one inch wearing course, hot-mixed, hot-laid asphaltic concrete.

(b) Bituminous surface course CP-2, which shall consist of a 2 1/2 inch penetrated bituminous surface course before application of the seal coat in accordance with PennDOT's Form 408, § 441.

(2) Immediately prior to placement of the bituminous binder course, the crushed aggregate base course shall be inspected by the Township Engineer to insure that the base course is structurally sound, meets the specifications of Subsection 1B(1) above and free of contamination including the presence of mud, dirt, debris and moisture. Contamination of the crushed aggregate base course can ordinarily be prevented by placement of the bituminous binder course immediately after the construction of the stone base and prior to the issuance of any building permits necessary for on-lot construction in a subdivision or land development. In the event the aggregate base course is contaminated as determined by the Township Engineer, the aggregate base course shall be removed, cleaned or reconstructed as necessary to conform to the requirements of § 22-504, Subsection 1B, prior to the placement of the bituminous binder course.

(3) All bituminous surface courses shall have a total thickness of 2 1/2 inches minimum after compaction.

(4) No visible moisture shall be present prior to the laying of each course; and, the air temperature shall be 40° F. or greater during the operation.

(5) All edges of bituminous pavement shall be kept straight and sharp forming a clean-cut line between the finished road and the proposed curbs or rolled gutters.

(6) The completed road surface shall have a minimum slope from the center to the pavement of a minimum of 1/4 inch per foot to a maximum of 1/2 inch per foot, except on superelevated curves where the slope shall be not less than 1/4 inch per foot and shall extend from the inside to the outside edge of the paving.

§ 22-505 Curbs and Gutters.

[Ord. 5/3/1982, § 504]

1. Curbs and/or gutters shall be provided along all new streets in any subdivision or land development. Raised vertical curbs, flush vertical curbs and/or rolled gutters shall be constructed subject to the approval of the Board of Supervisors, upon the recommendation of the Township Engineer and Planning Commission.

2. Raised vertical curbs shall be used: where lot sizes are less than one acre, in industrial, commercial, institutional and planned residential development projects; and, where the gradient of any street as proposed would be 4% or greater.

3. Flush vertical curbs may be used as a substitute for raised vertical curbs when approved by the Board of Supervisors, upon the recommendation of the Township Engineer and Planning Commission in any residential subdivision where lot sizes are greater than one subdivision where lot sizes are greater than one acre and where the gradient of the street as proposed would be less than 4%.

4. Rolled gutters may be used as a substitute for raised vertical curbs or flush vertical curbs, subject to the approval of the Board of Supervisors, upon the recommendation of the Township Engineer and Planning Commission.

5. Curbs and rolled gutters shall be provided on both sides of the street and shall be constructed in accordance with PennDOT's Form 408, § 630, and the following standards:

A. Curbs shall be constructed with Class A cement concrete.

B. Forms for the curb shall be of metal, except wood forms may be used on sharp curves and short tangent sections when approved by the Township Engineer.

C. Excavation shall be made to the required depth as approved by the Township Engineer. And the material upon which the curb is to be constructed shall be compacted to a firm, even and dry surface.

D. The concrete shall be placed in the forms in horizontal layers not to exceed five inches and spaced sufficiently to eliminate all voids.

E. The top surface of the curb shall be finished true to line and grade in a smooth, neat and even manner by means of wood floats, and the edges of the face and back of raised vertical curbs shall be rounded to a radius of not more than 3/4 inch and 1/4 inch respectively, while the concrete is still plastic.

F. Contraction joints shall be spaced in uniform lengths or sections not to exceed 15 feet, six inches, except where shorter sections are necessary for closures or curves, but no section shall be less than four feet. Contraction joints may be either hand-formed or sawed joints and may be 3/16 inches wide and two inches deep.

G. Premolded expansion joints 3/4 inch in thickness shall be cut to conform to the cross-section of the curb. They shall be placed at the ends of sections of curved curbs at intervals of not more than 45 feet of straight curb, and at the end of each day's work.

H. When a curved curb joins with tangent curbs at curb returns and on sharp curves where directed by the Township Engineer, there shall be imbedded in the concrete, 2 1/2 inch diameter steel reinforcing rods, 24 inches long. Such rods shall extend 12 inches into the curb on each side of the joint; and the portion of the road extending into the tangent curb shall be rendered bondless by a coating of approved material, and enclosed in part in approved tubes or caps.

I. The forms shall not be removed during any time within 12 hours after the concrete has been placed. After the forms are removed, minor defects shall be filled with material composed of one part of cement and two parts of fine aggregate. As soon as possible after the removal of the forms, the spaces in front and back of the curb shall be backfilled with materials approved by the Township Engineer in layers of not more than four inches in depth, which shall be thoroughly and mechanically compacted to the required elevation and cross-section.

6. The dimensions of the curbs and gutters, unless specified otherwise by the Township Engineer, shall be as follows:

A. For raised vertical curbs, the dimensions shall be as shown in PennDOT's Standards for Roadway Construction, Publication No. 72, 1981 edition, or any amendment thereto, Standard Drawing No. RC-64, using the detail entitled "Plain Cement Concrete Curb."

B. For flush vertical curbs, a depth of 12 inches from finished grade shall be used, and the curb shall be six inches across the bottom tapered from the edge of the curb which joins the street.

C. For rolled gutters, the dimensions shall be subject to the approval of the Township Engineer based on design criteria for varying street gradient conditions and stormwater management considerations. However, no rolled gutter shall measure less than 10 inches at its most concave point nor less than 24 inches in width.

§ 22-506 Driveways.

[Ord. 5/3/1982, § 505]

1. Driveways, either individual or shared, shall be provided for all residences.

2. Any shared driveway which exceeds 1,000 feet in length or which furnishes access to more than three lots must conform to all design standards for local secondary streets as set forth in this Part, except that the pavement width may be reduced to 18 feet as determined by the Board of Supervisors, upon the recommendation of the Township Engineer and Planning Commission.

3. The width of any individual driveway shall be a minimum of nine feet within the street right-of-way; and, the width of any shared driveway which is less than 1,000 feet in length shall be a minimum of 18 feet within the street right-of-way.

4. A minimum grade of 1% shall be provided on all driveways. A maximum grade of any driveway within the right-of-way of any street shall be 4%. Within the property line exclusive of the right-of-way the maximum grade of an individual driveway and a shared driveway which is less than 1,000 feet in length shall be less than 15%, unless no other viable alternative alignment or location is feasible, as acknowledged by the Township Engineer.

5. The edge of the driveway shall be located not less than 40 feet from the tangent point of the curb radius of corner lots.

6. All individual or shared driveways shall be surfaced with erosion resistant materials, approved by the Township Engineer from the edge of the street cartway to a point in the lot 25 feet from the right-of-way line.

7. The surface of the driveway sloping toward the street shall be graded so that no stormwater runoff from the property shall discharge upon the street. Further, discharge of roof drains or down spouts onto a driveway which slopes toward the street shall not be permitted and no drain pipe from any basement sump pump, foundation drain, or any type of facility shall be discharged onto the street.

8. A clear sight triangle of 25 feet shall be provided and maintained at driveway intersections with streets.

§ 22-507 Sidewalks.

[Ord. 5/3/1982, § 506]

1. Sidewalks shall be required along new streets in any subdivision or land development where the proposed lot sizes are one acre or less or for any planned residential development project. Upon the recommendation of the Township Planning Commission, the Board of Supervisors may also require sidewalks which would continue from those in existing neighborhoods, or to provide access to community facilities, or to insure safety of pedestrians in certain conditions with respect to existing or prospective traffic. Sidewalks shall be designed as follows:

A. Sidewalks shall be constructed in accordance with PennDOT's Form 408, § 676, pertaining to cement concrete sidewalks and the following standards:

(1) Sidewalks shall be a minimum of four feet in width.

(2) Sidewalks shall be constructed with four inches of Class A concrete, placed on an approved aggregate bed four inches in depth, except at driveway crossing where the thickness of the sidewalk shall be increased to six inches.

(3) When proposed sidewalks adjoin existing sidewalks which are wider than four feet, a tapered transition shall be constructed.

(4) Sidewalks shall be located within the street right-of-way three feet from the right-of-way lines. A grass planting strip shall be provided between the curb and the sidewalk. The planting strip shall be adequately graded and sodded to provide for proper stormwater runoff.

§ 22-508 Blocks and Lots.

[Ord. 5/3/1982, § 507]

1. Blocks shall not exceed 1,600 feet in length or be less than 500 feet in length.

2. The side property lines of lots shall be at right angles or radial to the right-of-way lines.

3. Blocks shall be two lot depths in width and, except for lots located at street intersections, minor arterial streets or rural collector streets, no lot shall front on more than one street.

§ 22-509 Sanitary Sewers.

[Ord. 5/3/1982, § 508; as amended by Ord. 88-2000, 6/5/2000, § 1]

1. In accordance with the official sewage facilities plan, dwellings and/or lots within a subdivision or land development shall be connected with a public sanitary sewer system where accessible and available. Where such sewer system is not yet accessible and available but is planned for extension to the tract, the landowner or developer shall install sewer lines and other facilities, including lateral connections, force mains, pumping stations and all other appurtenances to provide adequate service to each lot when connection with said sewer system is made. Sewer lines shall be suitably capped at the limits of the subdivision or land development, and the laterals shall be capped at the street right-of-way. When capped sewers are so provided, on-site sewage disposal facilities shall also be installed provided they are so located as to permit the easiest and least expensive connection to the public sanitary sewer system when such connection becomes available.

2. All sanitary sewer lines, lateral connections and manholes and other facilities shall be constructed and installed, and shall provide service to each lot in conformity with standards to be provided the landowner or developer by the Valley Forge Sewer Authority or other authority, at the cost and expense of the landowner or developer, and sanitary sewer facilities shall not be used to carry stormwater.

3. When such sanitary sewer facilities are installed in accordance with this section, the same shall be inspected by the Township Engineer during such construction, at the cost and expense of the landowner or developer, in accordance with the standards and procedures established for inspection in Part 9 of this chapter.

4. When such sanitary sewer facilities are not to be constructed or otherwise installed, on-site sewage disposal systems shall be constructed in accordance with statutes and regulations of the Pennsylvania Department of Environmental Protection and the Chester County Health Department. When on-site sewage disposal systems are to be utilized, the landowner or developer shall furnish evidence of the feasibility and satisfactory operation of the system to be utilized in the subdivision or land development as required in Part 4 herein.

5. For all new subdivisions, land developments or other new construction, residential or nonresidential, following testing of the proposed areas, in accordance with all federal, state and local regulations and practices, and observation thereof by the Chester County Health Department, the location of any proposed on-site (or on-lot) sewage disposal system including the replacement area therefore shall be surveyed and sealed by a licensed, registered professional land surveyor and plotted, by metes and bounds, on the record plan for the subdivision and/or land development or on the plan for any single lot on which the on-site (or on-lot) sewage disposal system is intended to serve.

6. The landowner or developer shall cause the proposed areas identified by the survey for on-site (or on-lot) sewage disposal systems to be identified and protected on the lot by stakes, ribbons, fence or some similar method, and shall also label said areas with a unique number of letter, all of which shall accurately identify those areas or portions of the lot proposed for on-site (or on-lot) sewage disposal system facilities in corresponding fashion with the plan.

7. The approved on-site (or on-lot) sewage disposal areas, including any replacement area, shall remain identified and protected, until completion of all construction activity on the lot.

8. A 100% replacement area shall be identified and maintained for any sand mound and/or all other on-site (or on-lot) sewage disposal system, except for in-ground conventional sewage disposal systems. No part of said replacement area shall be used in connection with the use or operation of any primary sand mound and/or all other on-site (or on-lot) sewage disposal system, except for in-ground conventional systems, without the prior approval of the Township. Said replacement area shall remain unimproved, undeveloped, unobstructed and available for use as and for said replacement area, unless and until the subject lot or system is connected to a public sanitary sewage system or other sewerage facilities where such facilities and the processing of sewage thereby are located other than on the subject lot and by a system other than the subject system.

9. A note shall be placed on plan referred to in Subsection 5, stating that the area identified and approved as the replacement area shall be reserved and remain unimproved, undeveloped, unobstructed and available for use in the event of a failure of the primary on-site (or on-lot) sewage disposal area unless and until the subject lot or system is connected to a public sanitary sewage system or other sewerage facilities where such facilities and the processing of sewage thereby are located other than on the subject lot and by a system other than the subject system.

§ 22-510 Water Supply.

[Ord. 5/3/1982, § 509]

1. Where a public water supply system is accessible and available to the subdivision and/or land development, all mains, laterals and other facilities for connection from the lots to such systems shall be installed by the landowner or developer according to standards and materials recommended by the Township Engineer.

2. When a public water supply system is accessible and available, the landowner or developer shall install fire hydrants in order that there shall be at least one hydrant within 600 feet of every dwelling or structure intended for public use. Such fire hydrants shall be reviewed relative to their location by the local fire company and shall be energized prior to public dedication.

3. When no public water supply system is accessible or available to the subdivision or land development, the landowner or developer shall furnish evidence as part of any plan submission and filing of the quality and adequacy of the water supply proposed to be utilized in the subdivision or land development as required in Part 4 herein. The type and method of construction or other installation to be utilized in the installation of individual or community water supply systems shall be subject to the approval of the Board of Supervisors, the Sanitarian of the Chester County Health Department, and, where applicable, the Pennsylvania Department of Environmental Protection.

§ 22-511 Sedimentation and Erosion Control.

[Ord. 5/3/1982, § 511; as amended by Ord. 64-1992, 9/14/1992, § 3; by Ord. 159-2010, 10/4/2010, § 1; and by Ord. 183-2013, 12/2/2013, § 1]

1. All activities regulated by this chapter shall comply with Chapter 23 of the Charlestown Township Code of Ordinances governing Stormwater Management. In addition to such standards and any other standards in other Township ordinances, codes and regulations enacted or promulgated from time to time, the following shall apply:

A. All subdivisions and land developments are required to comply with the Clean Streams Law of Pennsylvania and 25 Pa. Code, Chapter 102, of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as amended from time to time.

B. The landowner or developer shall be responsible for the submission and approval of an application to the Regional Office of the Pennsylvania Department of Environmental Protection for a permit to allow any earthmoving activity. All landowners or developers are required to obtain such permit except as otherwise provided in 25 Pa. Code, § 102.41, "Permits and Plans," of Chapter 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection (DEP), as amended from time to time.

C. The erosion and sedimentation control plan must be available at all times at the construction site. The permit allowing earthmoving activity shall be obtained by the landowner or developer before any construction on the site shall begin.

D. The sequence of soils stabilization to control erosion and sedimentation shall be planned so as to compensate for seasonal effects such as the inability to establish vegetation during winter months, the influence of freezing, and the like.

E. Measures shall be taken to preclude the tracking of mud, soil and the like from construction vehicles and equipment onto streets which serve the site. Such measures shall include temporary scrub pads with collector sumps and cleaning devices, which construction vehicles shall pass through prior to leaving the site.

F. In order to control silt and prevent contamination of proposed roadway construction, no building or grading on individual lots fronting and/or accessing such proposed roadways shall be permitted, and no necessary permit for such building or grading shall be issued until the roadway surface has been paved with a stabilized binder course as required by and in conformance with § 22-504, Subsection 1C, of this chapter.

G. The following sedimentation and erosion control design standards shall be observed:

(1) For the design of the storm sewer collection system, grass waterways, swales and diversions, a fifty-year storm frequency shall be used.

(2) For the design of the storage systems through retention and detention basins a one-hundred-year storm frequency shall be used, and a fifty-year storm frequency shall be used for emergency spillways.

(3) For the design of an outlet discharge system for pipe spillways, a two-year storm frequency shall be used.

H. The maximum permitted velocity at pipe outlets shall be specified by the Chester County Soil Conservation Service in their Soil Erosion and Sedimentation Control Manual, January 1974, or as may be amended from time to time.

§ 22-512 Trees and Landscaping.

[Ord. 5/3/1982, § 512]

1. Standards for planting of trees as part of screening requirements are set forth in the Zoning Ordinance [Chapter 27] in Parts 9, 10, and 13. In addition, the following shall apply:

A. When required, street trees shall be planted within the right-of-way, two feet from the edge of the right-of-way.

B. A list of approved street trees for planting in Charlestown Township is included in the Appendix according to their botanical name, common name and spacing requirements.

C. All street trees shall be a minimum of four inches in caliper at the time of planting.

D. Shade trees of six inch caliper or more shall be preserved; and, the Board of Supervisors may require the landowner of developer to plant one tree of not less than three inches in caliper for each tree of twelve-inch caliper or more to be destroyed.

E. The landowner or developer shall protect remaining trees from damage during construction. The following procedures shall be followed in order to so protect remaining trees:

(1) Where existing ground levels are changed, drainage tile shall be placed at the original soil level and open into a well, built around the base of the tree. Such well may be left open or can be filled with coarse stones or gravel. Tiles may be installed in a radiating pattern or laid in parallel lines.

(2) Trees within 25 feet of a building site or bordering entrances or exists to building sites shall be protected by wiring wooden slats around such trees.

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

(4) Heavy equipment operators shall avoid damaging existing tree trunks and roots. Feeder roots shall not be cut closer than 25 feet from tree trunks.

(5) Tree trunks and exposed roots damaged during construction shall be protected from further damage by being treated immediately with tree paint.

(6) Tree limbs damaged during construction shall be sawed flush to tree trunks and treated immediately with tree paint.

(7) The operation of heavy equipment over root systems of such trees shall be minimized in order to prevent soil compaction.

(8) Deciduous trees shall be given a heavy application of fertilizer to aid in their recovery from possible damage caused by construction operations.

(9) Construction debris shall not be disposed of near or around the bases of such trees.

2. Requirements and standards for landscaping, in addition to that specified above, shall be as determined by the Board of Supervisors, upon the recommendation of the Planning Commission. The Board may require plantings: to reduce glare; to abate other nuisances; to enhance the planting area in conjunction with a cul-de-sac; to fulfill screening and other functional purposes; to comply with the general standards of § 22-501 herein; and, to fulfill the purposes of § 22-102 herein.

§ 22-513 Recreation Areas.

[Ord. 5/3/1982, § 513; amended by Ord. 96-2001, 7/16/2001, § 1]

1. Provisions shall be made for the creation of passive and active recreation areas as required in the Zoning Ordinance [Chapter 27], as set forth in Part 15, "Open Space Provisions," and as set forth below.

2. All major subdivision and/or land development applications shall provide for active and passive recreation areas on the tract which is the subject of the application, in accordance with the provisions of the Charlestown Township Zoning Ordinance [Chapter 27] and this chapter.

3. The Board of Supervisors may require the public dedication of land suitable for the use intended; and, upon agreement with the applicant or developer, the construction of recreational facilities, the payment of fees in lieu thereof, the private reservation of land, or a combination, for park or recreational purposes as a condition precedent to final plan approval, in accordance with the following provisions:

A. Each application for subdivision and/or land development shall set aside and clearly identify land to be used for park and recreation purposes, in an amount which shall be equal to 2, 178 square feet (0.05 acres) for each proposed residential dwelling unit, and 1,089 square feet (0.025 acres) for each acre of land proposed for use other than for a residential dwelling unit (nonresidential use) whether or not the property is intended to be improved under the application.

B. The applicant or developer shall receive a credit for any land reserved for park or recreational purposes and dedicated to the Township under this section towards the requirements of any provisions within the Township Zoning Ordinance [Chapter 27] requiring recreational facilities.

C. Land dedicated to the Township under this section shall be by fee simple deed of special warranty. At the time of dedication, title to said land shall be good and marketable, free and clear of all liens and encumbrances. The applicant or developer shall supply a title report evidencing the foregoing to the Township, prior to final approval of the subdivision and/or land development plan. The deed of dedication shall be delivered to the Township at the time of final subdivision and/or land development approval, and recorded at the time of recording of the final plan. All costs associated with said dedication shall be borne by the applicant or developer.

D. In the event that the Township does not accept the proposed land for dedication, the applicant or developer shall provide for other means of ownership of the proposed land, by an entity approved by the Township in accordance with § 27-1506 of the Zoning Ordinance [Chapter 27]. In such an event, the Township may still require limited rights of entry onto the proposed land for maintenance and similar purposes, should the owner(s) of said land fail to do so, and such failure shall in the opinion of the Township pose a threat to the health, safety and welfare of the Township or its residents.

4. The provisions of this section shall not apply to any subdivision and/or land development application:

A. Approved and developed pursuant to the planned residential development provisions of Part 6 of the Township Zoning Ordinance [Chapter 27]; or,

B. Approved and developed pursuant to an open space option development as set forth in the Zoning Ordinance [Chapter 27], § 27-404 and Chapter 27, Part 15, "Open Space Provisions"; or,

C. Creating two or fewer additional lots and which makes use of all of the contiguous land then owned by the applicant or developer such that no additional subdivision or development of land is possible; or,

D. Is pending, whether preliminary or final, at the time of enactment of this chapter.

5. If the land proposed to be dedicated to the Township is not suitable for the use intended because of its size, shape, location, or features pursuant to Subsection 7 of this section, or if park or recreational lands are already available and accessible to the proposed development, or the Township and the applicant or developer agree otherwise, the applicant or developer:

A. May provide sufficient and suitable land for dedication within the Township, but which is not part of the proposed development; or,

B. Make payment of a fee-in-lieu of the public dedication of land as set forth in this section.

6. The amount of said fee-in-lieu of dedication shall be determined from time to time by resolution of the Board of Supervisors, in accordance with the Charlestown Township Open Space, Recreation, and Environmental Resource Plan, adopted May 3, 1993, as may be amended or updated from time to time, and the Master Plan for Charlestown Township Park adopted June 19, 2000, as may be amended from time to time. Said fee shall be payable to the Township prior to recording of the final plan, and as condition precedent to the issuance of any building permit. At the discretion of the Board of Supervisors, the payment of the fee may be deferred if the purpose of the subdivision is conservation or estate planning.

A. A combination of dedicated land and fee-in-lieu payment thereof shall be made as set forth in this section by any applicant or developer to the Township if it is determined that suitable park or recreational land is not available for dedication in a particular subdivision and/or land development, or if the Township and applicant or developer shall agree otherwise; in such cases, the fee-in-lieu shall be applied to the number of lots or units for which no land is dedicated. Any such fee shall be payable to the Township prior to recording of the final plan and shall be included in the developer's agreement between the applicant or developer and the Township as a condition precedent to the issuance of any building permits.

B. The amount and location of land to be dedicated or the fees to be paid in lieu of thereof shall bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the subdivision and/or land development. The land dedicated or fees paid or the combination thereof shall be used by the Township only for the purpose of providing park or recreational facilities reasonably accessible to the subdivision and/or land development.

7. Any fee collected under this section shall be used by the Township for acquisition and improvement of park or recreational sites and land in accordance with the Charlestown Township Open Space, Recreation and Environmental Resource Plan, adopted May 3, 1993, as may be amended or updated from time to time, and the Master Plan for Charlestown Township Park adopted June 19, 2000, as may be amended from time to time and shall, upon payment to the Township, be deposited in an interest-bearing account, which account shall identify the specific park or recreational facilities for which the fee was received. Interest earned on such account shall become funds of the account.

8. The determination of the suitability of land which is acceptable for dedication, or use or park or recreational purposes, shall include its overall size, shape, location and natural features and shall also be based on the following additional criteria:

A. The dedicated land must be easily accessible to all inhabitants of the development by virtue of at least one side of each parcel of dedicated land abutting an existing or proposed public street for a minimum distance of 50 feet.

B. The park or recreational land shall be located so that it serves all inhabitants of the subdivision and/or land development.

C. The shape of the land shall be suitable to accommodate those park or recreational activities appropriate to the location and needs of the inhabitants of the development.

D. Any parcel of park or recreation land to be dedicated to the Township shall be comprised of at least one acre in size and no less than 150 feet in width.

E. The parcels to be dedicated, comprising the intended park or recreational land shall be contiguous.

F. Soils and drainage shall be suitable for the intended park or recreational uses, and shall conform to all Township ordinances.

G. Such land, taken in the aggregate, shall have an average slope of less than 8% and shall have no more than 20% of the land contained within the boundaries of a floodplain, or steep slope area greater than 15%, or a combination of floodplain and steep slope.

H. Vehicular parking shall be in accordance with Part 13 of the Charlestown Township Zoning Ordinance [Chapter 27], and such shall be designed, constructed and maintained that any site can be adequately served and accessed.

I. Provisions shall be made for trails, footpaths, and other pedestrian circulation systems and accessways.

J. Such land shall be consistent with the findings and recommendations set forth in the Charlestown Township Open Space, Recreation, and Environmental Resources Plan, adopted May 3, 1993 as may be amended or updated from time to time, and the Master Plan for Charlestown Township Park adopted June 19, 2000, as may be amended from time to time.

9. In the event any applicant or developer of land identified in the Charlestown Township Open Space, Recreation, and Environmental Resources Plan, adopted May 3, 1993, as may be amended or updated from time to time, and the Master Plan for Charlestown Township Park adopted June 19, 2000, as may be amended from time to time, proposes to dedicate land and/or construct recreational facilities, as provided in this section, the applicant or developer shall submit a recreational study prepared by a certified planner or recreational planner to verify:

A. Compliance with the provisions of Subsection 8A to J.

B. The proposed recreational facilities and/or improvements are not duplicative of those park and/or recreational facilities already available to the inhabitants of the proposed subdivision and/or land development.

C. The proposed recreational facilities and/or improvements will be properly owned, managed and maintained by a responsible entity such as a homeowners association, the governing documents for which shall be acceptable to the Township Solicitor.

D. The proposed park and/or recreational area shall be subject to a declaration of covenants, easements, and restrictions whish shall be acceptable to the Township Solicitor.

E. The proposed park or recreational area shall be suitably landscaped as depicted on a landscape plan which shall be submitted as part of the applicant or developer's subdivision and/or land development plan and which shall be reviewed by the Township as part of the applicant or developer's final plan.

10. If the recreation study and related documents are not approved by the Township, then the Board of Supervisors shall require the payment of a fee-in-lieu of the dedication of land and/or the construction of recreational facilities, as set forth in this section. Provisions shall be made for the creation of active and passive recreation areas as required in the Zoning Ordinance [Chapter 27] and set forth in Part 15 therein regarding open space provisions.

§ 22-514 Topsoil.

[Ord. 5/3/1982, § 514]

No topsoil which is stripped in the subdivision or land development shall be disposed of off the site. Topsoil shall be stockpiled in locations on the site and in a fashion to minimize loss by erosion or otherwise and shall be spread at the time of finished grading, to the extent of its quantity, to a depth of at least four inches, especially over areas to be seeded or sodded or needing rapid vegetative growth to preclude erosion.

§ 22-515 Minor Subdivisions.

[Ord. 5/3/1982, § 515; as amended by Ord. 102-2002, 8/5/2002, § 4]

1. Subject to the review and approval by the Board of Supervisors and the Township Engineer, the design standards for minor subdivisions shall enable:

A. Reductions in road and driveway design standards and requirements, as determined to be appropriate by the Board of Supervisors, such as road and driveway widths, curbing, pavement surfacing and driveway surfacing.

B. Such other modifications deemed by the Board of Supervisors to be important to achieve a conservation design objective in order to conserve the natural, scenic and historic values of the environment.

§ 22-516 Trails.

[Ord. 5/3/1982, 516; as amended by Ord. 111-2003, 11/3/2013, § 3]

1. When a subdivision or land development contains or impacts an existing trail that is customarily used by pedestrians and/or equestrians, the applicant shall make provisions for the continued recreational use of the trail.

2. The course of an existing trail may be altered under the following conditions:

A. The points at which the trail enters and exits the tract shall remain unchanged.

B. The proposed trail design shall adhere to generally accepted principles of landscape architecture, as determined by the Township landscape architecture consultant, and shall be acceptable to the Board of Supervisors.

C. The proposed alteration shall not be coincidental with a paved road for use by motor vehicles.

3. Trails available for use by the general public are encouraged and shall be credited toward the recreational open space requirements of § 22-514.

4. Trails shall be located within an easement in favor of the Township and, if applicable, to an existing area trail club, or right-of-way with a minimum width of 10 feet.

5. Where no trail currently exists, the Board of Supervisors may require a new trail to connect with off-site trails and/or areas of open space.

§ 22-517 Lighting Regulations.

[Ord. 5/3/1982; as added by Ord. 2013-180, 11/4/2013, §1]

1. Overall Intent. It is the overall intent of these lighting provisions to generate and maintain a safe and secure lit environment in Charlestown Township. The specific purposes and provisions are described herein. While these include quantitative baseline requirements for minimum and maximum measurements of light output and surface illumination, particular emphasis has been placed on limiting the potentially adverse and nuisance effects of light distribution, such as glare, light pollution, sky glow, and trespass illumination, through environmentally responsible and appropriate strategies such as luminaire shielding, aiming, shutoff, and placement.

2. Purpose. To require and set minimum standards for outdoor lighting to:

A. Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.

B. Protect drivers and pedestrians from the glare of non-vehicular light sources.

C. Promote a "dark skies" condition, in order to protect neighbors, the environment and the night sky from nuisance glare, light trespass and stray light from improperly selected, poorly placed, incorrectly aimed, applied, maintained or shielded light sources.

D. Promote energy-efficient lighting design and operation.

E. Protect and retain the intended visual character of the various venues of Charlestown Township.

3. Definitions.

CUTOFF

Attribute of a lighting fixture from which no more than 2 1/2% of the lamp's output is emitted at or above a horizontal plane drawn through the bottom of the fixture, and no more than 10% of the lamp's output is emitted at or above an angle of 10 degrees below that horizontal plane, at all lateral angles around the fixture.

DARK SKIES

A state of minimal illumination that results from the reduction of nuisance and/or stray upward light, and that is intended to enhance the welfare of Charlestown Township by generating a visually attractive nighttime condition.

FOOTCANDLE

Unit of light density incident on a plane (assumed to be horizontal unless otherwise specified), measurable with an illuminance meter (a.k.a., light meter).

FULL-CUTOFF

Attribute of a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture, and no more than 10% of the lamp's output is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the fixture. This is equivalent to an uplight rating of UH 0, UL 0, FVH 10 and BVH 10 (refer to the Uplight and Glare Zone Diagram below, and current IES Standards for a description of uplight rating criteria).

GLARE

Excessive brightness in the field of view that is sufficiently greater than that to which the eyes are adapted, to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare. Field of view is considered to be a normal viewing angle.

ILLUMINANCE

Quantity of light received on a surface, measured in footcandles.

LIGHT POLLUTION

Undesirable brightening of the night sky from artificial sources, primarily outdoor lights aimed upward or sideways, which inhibits the observation of stars and planets, and otherwise obscures the night sky.

LIGHT TRESPASS

Light emitted by a luminaire or installation, which is cast beyond the boundaries of the property on which the lighting installation is sited.

LUMEN

As used in the context of this section, the light-output rating of a lamp (light bulb).

LUMINANCE

Light emitted from a source, e.g., bulb or fixture, or light reflected from a surface. The unit of measure is candelas per square meter (cd/m²). When the source of luminance is improperly shielded or aimed or is excessive, it results in glare.

SHIELDED

A luminaire from which no direct glare is visible at normal viewing angles by virtue of its being properly aimed, oriented, and located and properly fitted with such devices as shields or "barn doors."

SKY GLOW

The diffuse, non-point source illumination of the night sky. While principally caused by upward trespass illumination from electric lights, sky glow is a variable phenomenon that can be influenced and augmented by natural conditions. (Sky glow may be contrasted with glare, which is instead caused by a visible, concentrated or single-point source.)

UPLIGHT RATING

The maximum amount of light permitted to be emitted in a luminaires 90° to 180° uplight zone and 80° to 90° glare zone, formerly referred to as the cutoff classification, where full-cutoff was defined as a luminaire whose light distribution permitted the emission of no more than 10% of the lamp lumens from 80° to 90° and 0% of the lamp lumens emitted in the 90° to 180° zone. An uplight rating of UH 0, UL 0, FVH 10 and BVH 10 is the equivalent of full-cutoff (refer to the Uplight and Glare Zone Diagram below, and current IES Standards for a description of uplight rating criteria).

4. Applicability.

A. All uses within the Township where there is interior or exterior lighting that creates a nuisance or hazard as viewed from outside, including, but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting.

B. The Board of Supervisors may require that lighting be incorporated for other uses, applications and locations or may restrict lighting in any of the above uses or any other lighting applications when health, safety and/or welfare are issues.

C. The glare-control requirements herein contained apply to lighting in all uses, applications and locations.

D. The landowner or developer shall install and maintain all lighting in accordance with these design standards.

(1) Development in all Districts shall be in accordance with all requirements of this chapter and shall be shown on a lighting plan to be submitted with preliminary and final subdivision and/or land development plans, and a building permit application, as applicable, prepared by the landowner's or developer's engineer, to be reviewed and approved by the Board of Supervisors.

(2) For all buildings and subdivisions and/or land developments for business, commercial, industrial, multifamily residential, recreational, institutional and public uses in the PRD, I, NC-I, NC-2, I/O/B, and TND Overlay Zoning Districts, lighting shall be required for all streets, all off-street parking areas and off-street loading areas, and for all driveways providing ingress and egress thereto. In the approval of the land development plan and building permit, as applicable, the Board of Supervisors shall have the authority to require lighting to be incorporated for other uses or locations where in its reasonable discretion such lighting is warranted.

(3) All lighting and accessory equipment shall meet acceptable industry standards and shall be subject to the approval of the Board of Supervisors.

(4) For non-residential and multi-family residential uses in the PRD, I, NC-1, NC-2, I/O/B, and TND Overlay Zoning Districts Lighting for off-street parking areas, off-street loading areas and for all driveways providing ingress and egress thereto for uses and developments shall have maintained illuminance levels in accordance with IES Standards, except as noted below. If deemed appropriate, higher illuminance levels may be permitted at the discretion of the Board of Supervisors, subject to the provisions of Subsection 4B.

			Maintained Footcandles at Grade
			Minimum	Average	Maximum
Low Nighttime Pedestrian/Vehicular Conflict Potential
Office Park Campus Private Club			0.2	0.8	4.0
Personal Service Shop			0.2	0.8	4.0
Apartments or Multi-family Residential parking of 5 or more contiguous spaces Agricultural			0.2	0.8	4.0
Manufacturing/Assembly			0.2	0.8	4.0
Laboratory			0.2	0.8	4.0
Flex Space			0.2	0.8	4.0
Kennel			0.2	0.8	4.0
Public Utility Facilities or Structures			0.2	0.8	4.0
Medium Nighttime Pedestrian/Vehicular Conflict Potential
Places of Worship			0.25	1.0	5.0
Library, Museum, Non-Profit Gallery			0.25	1.0	5.0
Schools (Public or Private)			0.25	1.0	5.0
Community Buildings/Assembly Halls			0.25	1.0	5.0
Other Government or Municipal Office Uses			0.25	1.0	5.0
Hospital, Nursing Home, or Similar Facility			0.25	1.0	5.0
Restaurant			0.25	1.0	5.0
Retail Establishment			0.25	1.0	5.0
Motor Vehicle Service Station*			0.25	1.0	5.0
Bank**			0.25	1.0	5.0
Business or Professional Office			0.25	1.0	5.0
Hotel			0.25	1.0	5.0
Warehouse			0.25	1.0	5.0
Distribution Center or Trucking Establishment			0.25	1.0	5.0
High Nighttime Pedestrian/Vehicular Conflict Potential			1.0	4.0	15.0
Recreational Uses			1.0	4.0	15.0
Mineral Resource Extraction			1.0	4.0	15.0

*	Fuel pump under-canopy lighting at a motor vehicle service station shall not exceed 20 maintained footcandles.
**	Bank drive-through under-canopy lighting shall not exceed 15 maintained footcandles.

(5) The following table lists the maximum permitted illuminance levels, from all sources, that can be projected onto an adjacent property.

Maximum Illuminance Level Permitted at the Receiving Property, Measured at 5-Foot AFG in Vertical Footcandles
Property line adjoins a public roadway or public right-of-way	0.5
Property line adjoins a non-residential property	0.1
Property line adjoins a residential or mixed-use use property.	0.01
(AFG = Above Finished Grade)

(6) Exterior lighting, excluding that which is for residential uses and for businesses operating all night, shall be extinguished automatically within one hour of the close of business, and not turned on until no more than one hour before the opening of business. After-hours safety/security lighting shall be limited to no more than 25% of the normal lighting, or 25% of the number of luminaires providing the normal lighting, unless otherwise specifically approved by the Board of Supervisors because of heightened security needs demonstrated by the applicant. After-hours safety or security lighting may include the following:

(a) Lighting essential for the deterrent of break-ins.

(b) Lighting controlled by motion sensors/detectors. This type of lighting may be used to deter vandalism and theft and shall be placed in locations where the sensors will not be tripped on a recurring basis and shall be installed and/or aimed so that such lighting does not project its output at adjacent uses, directly skyward, or onto a roadway.

(c) Lighting used in conjunction with surveillance cameras. This type of lighting is typically used to illuminate automatic teller machines, deposit boxes, building entrances and parking lot/driveway entrances. Fixtures used for this type of lighting shall be designed, fitted and aimed so as to not project their output beyond the objects intended to be illuminated.

(7) Luminaires used for architectural lighting, such as sign, facade, feature and landscape lighting, when their use is specifically approved by the Board of Supervisors, shall be aimed or directed so as to preclude light projection beyond the immediate objects intended to be illuminated, and not be a safety problem for viewers, All such lighting shall be extinguished between the hours of 11:00 p.m. prevailing time and 6:00 a.m., or as otherwise approved by the Board of Supervisors.

(8) See also § 27-1405 of the Charlestown Township Zoning Ordinance [Chapter 27] regarding the illumination of signs.

(9) See also § 27-1617 of the Charlestown Township Zoning Ordinance [Chapter 27] regarding environmental controls, including glare control.

5. Lighting Equipment Standards.

A. All fixtures for the lighting of horizontal surfaces shall be aimed straight down and shall be rated full-cutoff or have an uplight rating of UH 0, UL 0, FVH 10 and BVH 10, except those with an aggregate rated lamp output not exceeding 200 lumens (e.g., the rated output of a standard non-directional 25-watt incandescent lamp).

B. In the case of decorative/period street lighting, the Board of Supervisors may approve the use of luminaires rated cutoff rather than full-cutoff.

C. For the lighting of predominantly non-horizontal surfaces such as, but not limited to: facades, landscaping, signs, billboards, fountains, displays and statuary, when such lighting is specifically approved by the Board of Supervisors, it shall be shielded and shall be installed and aimed so as to not project light output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway.

Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 200 lumens (e.g., the rated output of a standard non-directional 25-watt incandescent lamp) are exempt from the requirements of this Part.

D. The use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and other fixtures not meeting IES full-cutoff criteria or uplight rating UH 0, UL 0, FVH 10 and BVH 10, shall be permitted only with the approval of the Board of Supervisors, based upon acceptable glare control and their consistency with the surrounding area. Vegetation screens shall not serve as the primary means of controlling glare.

E. Control of Glare. All outdoor lighting, whether or not required by this chapter, on residential or non-residential property, shall be aimed, located, designed, and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse the lighted area, and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

Glare, as viewed from an adjacent property or from a thoroughfare surface shall not exceed 2,000 candelas per square meter, as measured with a luminance meter. If deemed appropriate or necessary, higher measurements may be permitted at the discretion of the Board of Supervisors.

F. No luminaire shall have blinking, flashing or fluttering lights or other illuminating device that has a changing light intensity, brightness or color, nor shall any sky-directed lights be permitted, except for seasonal/holiday lighting displays, and except as required by a government authority for safety, emergency and aviation obstruction.

G. Parking areas shall be lighted using support lighting and pole-mounted fixtures. The fixtures shall be located within or adjacent to parking areas in raised traffic islands, parking bay separators or adjacent landscape areas. Poles supporting luminaires, whether within parking areas or directly behind parking spaces, shall be suitably protected by being set back a minimum of five feet from edge of pavement or face of curb, or set on a concrete pedestal of no less than 30 inches in height, or protected by steel bollards or by other approved means.

H. The use of building-mounted luminaires for parking-lot lighting shall be permitted only when the use of pole-mounted luminaires is not possible, and shall meet all requirements of this chapter.

I. Illumination Under Outdoor Canopies. All outdoor lighting installations that illuminate the area under outdoor canopies shall comply with the requirements of this chapter. All such canopy lighting shall be accomplished using flat-lens full-cutoff or have a glare rating of UH 0, UL 0, FVH 10 and BVH 10, aimed straight down and shielded in a manner that the lowest opaque edge of the fixture shall be level with or below the light source. The side of canopies themselves may not be directly illuminated. Outdoor canopies include, but are not limited to the following applications:

(1) Fuel island canopies associated with motor vehicle service stations.

(2) Drive-throughs associated with banks, pharmacies, etc.

(3) "Porte-cochere" canopies associated with hotels, health care facilities, etc.

(4) Exterior canopies and covered walkways above storefronts and building entrances.

(5) Pavilions and gazebos.

J. Luminaire Mounting Height.

(1) The following maximum heights shall be established at the top of the pole of the luminaire.

(a) Freestanding post-top luminaires on residential properties shall not exceed seven feet in height.

(b) Freestanding pedestrian-area and street-lighting luminaires in the TND-1, TND-4 and TND-5 Overlay Districts shall not exceed 11 feet in height.

(c) Freestanding pedestrian-area luminaires in the TND-2 and TND-3 Overlay Districts shall not exceed 11 feet in height.

(d) Freestanding luminaires in the TND-2 and TND-3 Overlay Districts that are intended for the primary purpose of lighting vehicular travel areas shall not exceed 18 feet in height.

(e) For the lighting of parking areas and access drives for industrial, commercial, office, and institutional uses, luminaires heights shall not exceed 20 feet AFG, except that where there are 100 or more contiguous parking spaces, the Board of Supervisors may grant the use of a twenty-five-foot luminaire mounting height.

K. Luminaire Color Temperature (Kelvin/K).

(1) Lights within a development that are functionally similar (street lights, parking lot lights, canopy lights, etc.) shall be installed and maintained to have the same color temperature lamp.

(2) The maximum permitted color temperature for all lights shall be 4,100 K.

6. Street Lighting Dedication. When a street is to be dedicated to the Township, the applicant, developer, or (in the event of its formation) a homeowner's association and/or property owners association shall be responsible for all costs involved in the lighting of streets and street intersections until the street is accepted for dedication.

A. Prior to dedication, the Township may either:

(1) Require said applicant, developer, or association to enter into an agreement guaranteeing the Township payment of all costs associated with dedicated street lighting.

(2) Enter into an agreement with said applicant, developer, or association whereby street lights are exempted from the deed of dedication.

B. Assumption of Costs of Dedicated Street Lighting. Upon dedication of public streets that include the dedication of street lights, it will be the responsibility of the applicant, developer, or homeowners association and/or property owners association to guarantee that all costs up to the date of acceptance have been satisfied, and all equipment is in new working order.

7. Lighting of Athletic Fields and Surfaces.

A. When facilities for outdoor recreational actives such as, but not limited to, baseball, softball, football, lacrosse, soccer, basketball, tennis, miniature golf, and swimming/watersports are specifically permitted by the Board of Supervisors for operation during hours of darkness, the following requirements shall apply:

(1) Lighting shall be accomplished only through the use of fixtures conforming to IES full-cutoff criteria or having a glare rating of UH 0, UL 0, FVH 10 and BVH 10, unless otherwise approved by the Board of Supervisors based on suitable control of glare and light trespass.

(2) Except as otherwise permitted by the Board of Supervisors, sporting events shall be timed so that all area lighting in the sports facility is extinguished by 10:00 p.m., except in the event of occurrences such as extra innings or overtime.

(3) Golf driving ranges and golf courses, and other sports necessitating the horizontal or near horizontal projection of illumination shall not be artificially illuminated.

(4) Except as permitted by Board of Supervisors, the outdoor recreational activities listed below under Subsection 1A(5) shall not be lighted if located within a residential district or sited on a non-residential property located within 1,000 feet of a residential use.

In all instances, permission to illuminate these activities shall be granted only when the Board of Supervisors is satisfied that the health, safety and welfare of nearby property owners and Charlestown Township as a whole have been properly protected.

(5) Maximum mounting heights for all recreational lighting installed subsequent to the adoption of this Part shall be in accordance with the following:

(a) Baseball and softball.

1) Up to two-hundred-foot field radius: 60 feet.

2) Two hundred-foot field radius or greater: 70 feet.

(Field radius is the distance from home plate to the furthest point in the outfield.)

(b) Football/lacrosse/soccer and other field sports: 60 feet.

(c) Basketball: 16 feet.

(d) Tennis: 20 feet.

(e) Miniature golf: 11 feet.

(f) Swimming pool apron: 20 feet.

8. Preliminary and Final Lighting Plans.

A. Plan Submission. All lighting shall be approved by the Board of Supervisors for subdivision and land development applications where site lighting is required by this Part, is otherwise required by the Board of Supervisors, or is proposed by applicant. Lighting plans shall be submitted to the Township for review and approval with preliminary and final subdivision/land development plan applications, and conditional use applications, and special exception applications, and shall contain the following:

(1) A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed fixtures by location, orientation, aiming direction, mounting height and type. The submission shall include, in addition to existing and proposed area lighting, all other exterior lighting, e.g., architectural, building entrance, landscape, flag, sign, etc.

(2) A ten-foot by ten-foot illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this Part or as otherwise required by the Township. When the scale of the plan, as judged by the Board of Supervisors, makes a ten-foot by ten-foot grid plot illegible, a larger grid spacing may be permitted.

(3) The maintenance (light-loss) factors, IES candela file nomenclature, lamp-lumen ratings, lamp color temperature and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the presented illuminance levels.

(4) A statistical area summary of minimum, average and maximum plotted maintained illuminance levels and maximum to minimum and average to minimum uniformity ratios.

(5) Description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods.

(6) When landscaping plans are involved, they shall contain the luminaire locations and shall demonstrate that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

(7) When requested by the Township, applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate the potential consequences of on-site and off-site glare and to retain the intended character of the Township. This plan may require the inclusion of initial vertical footcandle values at specific off-site venues, e.g., bedroom windows of adjacent residential uses.

(8) Plan Notes. The following notes shall appear on the lighting plan:

(a) "Post-approval alterations to lighting plans or intended substitutions for specified lighting equipment on the approved plan shall be submitted to the Township for review and approval prior to installation. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate the proposed substitution is equal to or exceeds the optical quality and maintainability of the specified luminaires; and accompanied by a lighting plan, including a point-by-point plot, which demonstrates that proposed substitutions will result in a lighting design that equals or exceeds the quality of the approved plan."

(b) "The Township reserves the right to conduct post-installation inspections to verify compliance with the Ordinance requirements and approved lighting plan commitments, and if deemed appropriate by the Township, to require remedial action at no expense to the Township."

(c) "All building-mounted and other proposed exterior lighting not submitted and approved during subdivision/land development, shall be subject to the requirements of this Part."

9. Compliance.

A. Exterior lighting shall be maintained so as to always meet the requirements of this Part.

B. Township approval of a lighting plan does not relieve the landowner of responsibility should any light fixtures, after construction, fail to conform or fail to continue to conform to the provisions of this chapter.

C. Charlestown Township or its representative may conduct one or more post-installation nighttime inspections to verify compliance with the requirements of this chapter. If it is determined that any lighting source creates a safety or personal security hazard due to insufficient illumination levels or produces unacceptable levels of nuisance glare or skyward glow, or a component of a lighting installation creates a safety hazard, the property owner shall be subject to the preventative and enforcement remedies set forth in this chapter at § 22-907 and 22-908.

D. No building may be erected, altered or used and no lot or premises may be used in any zoning district for any use which is noxious or offensive by reason of illumination in the immediately surrounding area. Any existing lighting that is deemed by the Township to be causing a safety hazard or affecting the health, safety and/or welfare of the Township or Township residents shall be deemed to be a nuisance. The Board of Supervisors may require or restrict lighting when health, safety and/or welfare are issues.

E. Any lighting fixture or lighting installation existing on the effective date of this Part shall be made to conform with the requirements of this Part when:

(1) Minor corrective action, such as re-aiming or shielding can achieve conformity with the applicable requirements of this Part.

(2) It is replaced by another fixture or fixtures or abandoned or relocated.

(3) There is a change in the use of the property.

(4) It is deemed to be in violation of Subsection 9D above.