Township of New Hanover, PA Part 8 DESIGN STANDARDS

§ 22-801 Application.

[Ord. 3/29/1990B, § 800; as amended by Ord. No. 22-05, 5/5/2022]

1. The standards and requirements outlined herein shall be considered minimum standards and requirements for the protection of the health, safety, and general welfare of the residents of New Hanover Township. In addition, the Board of Supervisors reserves the right to require standards in excess of the minimum requirements if warranted to protect the health, safety, and general welfare of the community.

2. The following principles, standards and requirements shall be applied in evaluating plans for a proposed subdivision or land development. The standards of Chapter 27, Zoning, for the particular district in which the subdivision or land development is taking place shall govern the layout of lots and/or design of buildings, parking lots and other facilities.

§ 22-802 General Standards.

[Ord. 3/29/1990B, § 801; as amended by Ord. 97-7, 10/13/1997, § 802; and by Ord. No. 22-05, 5/5/2022]

1. All portions of a tract being subdivided or developed shall be taken up in lots, streets, public lands or other proposed uses, so that remnants and landlocked areas shall not be created.

2. In general, lot lines shall follow Township boundary lines rather than cross them.

3. Subdivisions and land developments shall be properly designed in order to prevent the necessity for excessive cut or fill. Subdivisions and land developments shall be laid out to come as close as possible to balancing cut and fill operations on site. A grading plan for the entire site shall be submitted in conformance with §§ 22-305 and 22-307. Plans shall be designed to avoid excessive disturbance of vegetation and movement of earth.

4. No land shall be developed or plotted for residential purposes unless all hazards to life, health or property including, but not limited to, flood, fire and disease have been eliminated or unless the plans provide adequate safeguard against such hazards without disturbing the natural condition of the land.

5. On lots less than two acres, land subject to flooding, streams, wetlands, and wetland margins shall not be plotted for residential occupancy and shall be excluded from the calculation of minimum lot area. Development and disturbance of floodplain land areas shall be governed by additional standards contained in this Part 8, the New Hanover Township Zoning Ordinance, and the New Hanover Township Building Code.

6. Where trees, groves, waterways, scenic areas, historic sites or other community assets and landmarks are located within a proposed subdivision or land development, every possible means to the fullest extent shall be provided to preserve these features.

7. Unless a permit is obtained from Pennsylvania Department of Environmental Protection (PaDEP), discarded building material shall be disposed of in a manner consistent with the applicable laws of the commonwealth. Such material shall not be disposed of onsite but shall be taken to a licensed disposal facility.

8. The proposed subdivision or land development shall be coordinated with the existing adjacent neighborhoods so that the community as a whole may be developed harmoniously.

9. The applicant shall construct, install, and guarantee, at no expense to the Township or its authorities, all improvements required as part of plan approval, including, but not limited to, streets, curbs, sidewalks, trails, water and sewage facilities, stormwater management facilities, street lights, fire hydrants, road signs, monuments, lot pins, utilities, and shade trees.

§ 22-803 Conformance with Plans.

[Added by Ord. No. 22-05, 5/5/2022]

1. Comprehensive Plans. Proposals for land development or subdivision shall be generally consistent with Pottstown Metropolitan Regional Comprehensive Plan and New Hanover Township Comprehensive Plan 2040, especially as to the use of land, intensity of development, transportation, community facilities, and resource protection. Residential development should also be consistent with the housing element of the plan. All proposals should be located in areas designated for development in the future land use plan element and be serviced by currently available infrastructure or infrastructure that will be developed concurrent with the development.

2. Other Plans. Proposals shall be generally consistent with the appropriate state, regional, county, and the municipally adopted comprehensive plan and other plans. Where regional facilities are proposed in the plan, such as highways, effort shall be made to preserve needed right-of-way for future infrastructure projects in the proposed land development or subdivision.

3. Public Service Improvements. Proposals shall be consistent with the location and timing of public service improvements, such as water and sewage facilities, in accordance with the appropriate infrastructure plans governing those facilities. In addition, the location of public service facilities as outlined in a capital improvement program or official map should be considered.

§ 22-804 Principles of Site Organization.

[Added by Ord. No. 22-05, 5/5/2022]

Proposed land developments and subdivisions should be designed to address the opportunities and limitations present on a site and its adjacent surroundings. The plan should use site opportunities to enhance the overall quality of the development and lessen potential negative impacts upon the site and the surrounding community. The physical, social, and psychological needs of the users of the site should be evaluated and appropriately incorporated into the final subdivision layout or site design. The impacts of the proposed development on the natural environment and surrounding land uses should be given a high priority and made an integral part of the overall design for the land development and subdivision. The following principles of site organization should be considered:

1. Site Improvement Layout. The buildings should be placed in consideration with the site's topography, existing vegetation, and surrounding land uses, taking into account energy conservation, solar access, and pertinent natural features.

2. Existing Natural Features. Existing natural features should be recognized and integrated into the site layout. Natural features such as streams, hillsides, wetlands, unique habitat, woodlands, and similar natural resources should be considered strong design determinants and be incorporated into the overall site plan to strengthen the unique quality of the land.

3. Open Space and Scenic Views. The placement of open space and preservation of scenic views should be a fundamental design decision. Open space lands should provide for a variety of benefits including recreation, agriculture, natural resource protection, scenic views and vistas, and buffers for site elements and land uses.

4. Circulation. Movement within a site and access to the site should be designed for the safety and convenience of various types of users. Cross access between properties and joint access are encouraged to improve circulation and improve access safety.

5. Relationship to Surrounding Uses. The proposed design should complement appropriate surrounding uses through building setbacks, buffers, and separation of uses. Various potential negative impacts upon surrounding land uses including noise, light, and loss of privacy should be mitigated.

6. Health Hazards. The configuration of a subdivision or land development should reduce risk or hazards to health, safety and wellbeing of future users of the subdivision or land development and to the community as a whole.

7. Concept Development Plan. Where an applicant seeks approval for the development of a portion of a tract with the intent that the remainder would be developed at a future date, the applicant shall submit with the initial application a concept development plan showing with specificity the portion of the tract intended for current development and showing in concept form the manner in which the balance of the tract might be fully developed in conformance with Township regulations.

A. The intent of such a submittal is to enable the Township to review the basic site design concept, to advise the applicant and to assure that the current development of the property properly anticipates the future development.

B. The concept development plan must present a comprehensive overview of potential uses to which the property demonstrates conformance with the current Township codes.

§ 22-805 Lots.

[Ord. 3/29/1990B, § 802; as amended by Ord. 93-3, 2/8/1993, § 29; by Ord. 17-03, 3/27/2017; and by Ord. No. 22-05, 5/5/2022]

1. Lot Size and Width.

A. Each lot shall comply with the minimum area and width requirements of the Zoning Ordinance[1] and be generally sufficient in size and shape to adequately accommodate the development or use proposed for it. Lots two acres or larger that contain natural restrictions such as lands subject to flooding, streams, wetlands, wetland margins, or other natural features shall be made large enough to provide suitable area for the intended use of the lot without requiring encroachment upon natural amenities. Lots smaller than two acres with land subject to flooding, streams, wetlands, and wetland margins shall not be plotted for residential occupancy and shall be excluded from the calculation of minimum lot area, per § 22-802.5.

[1] Editor's Note: See Ch. 27, Zoning.

B. Lots with existing or planned public improvements such as fuel pipelines, underground utility easements, stormwater detention basins, high-voltage power lines, or other facilities should be sized to allow suitable room for the intended use of the lot without requiring encroachment on the public facilities or easements.

C. Lot areas, exclusive of described and measurable easements, shall not be less than specified by the provisions of Chapter 27, Zoning.

2. Lots shall be designed and sized to meet the natural resource protection standards or §§ 22-831 and 22-832 of this chapter and §§ 27-2101 and 27-2102 of Chapter 27, Zoning.

3. Lot Frontage. Every lot shall have a minimum of 30 feet of frontage along the right-of-way of a public, private, or common street. Sufficient frontage is the minimum width required to site a driveway into the property in accordance with the design requirements in this section, the New Hanover Township Zoning Ordinance, and other appropriate state, federal, and local regulations. Corner lots will meet lot frontage requirements on two streets. Where feasible, lot lines shall follow municipal boundaries rather than cross them.

4. Through lots shall be deed restricted to limit access to the lower order street.

5. Lot Lines. Lot lines shall be drawn parallel, concentric, at right angles, or radial to the street right-of-way line unless not feasible or undesirable due to existing, permanent, natural or man-made features or need for energy efficiency. Where possible, lot lines shall coincide with abutting lot lines. Lot lines shall not cross streets. Generally, lot corners of several lots should coincide.

6. Lot Shape. Deep, narrow lots and wide, shallow lots are to be avoided. The depth of a lot shall not exceed 2.5 times its width at the building line. The depth and width of parcels intended for nonresidential uses shall be adequate for the use proposed and sufficient to provide satisfactory off-street parking, access, loading and unloading, setbacks, landscaping, buffers, etc.

7. Where feasible, lot orientation shall provide for proper solar access. This is achieved by building placement with the long axis in a general east-west direction.

8. Reverse Frontage Lots. Reverse frontage lots may be used as an alternative to marginal access streets or normal lotting when the lots abut a collector street or street of a higher classification or has natural conditions along one street that prevents safe access. When reverse frontage lots are used, an additional 25 feet shall be added to the minimum rear yard setback abutting a collector street or street of a higher classification, to provide a landscaped buffer area in the rear yard in accordance with § 22-835.

9. Rear or Flag Lots.

A. Purpose of Rear or Flag Lots.

(1) To permit reasonable subdivision of land which is physically constrained by an unusual configuration of the tract or limited road frontage, and which could not be subdivided in a desirable manner using conventional streets and lot geometry.

(2) To preserve farmland, woodland, scenic views, historic sites, or other environmental amenities by locating buildings away from roads.

(3) To avoid access to a collector street or a street of a higher classification.

(4) To avoid building an unnecessary road.

B. Parts of a Rear or Flag Lot. Rear or flag lots shall be comprised of two parts, the access strip and the body of the lot, in compliance with the following standards:

(1) The access strip shall be a minimum of 30 feet wide for its entire length unless the body of the flag lot is likely to undergo further subdivision in the future. If a flag lot is capable of subdivision in the future and is not deed restricted against further subdivision, the access strip must be at least 50 feet wide and be able to contain a road capable of meeting all appropriate public street and intersection standards contained in this Part 8. When an access strip is designed for a future road, a note shall be placed on the plan reserving the access strip for a future road; however, dedication is not required.

(2) The access strip shall be a fee-simple part of the rear or flag lot and shall not be a separate parcel or easement. This portion of the lot shall not be used for any purpose other than the location of an access driveway. Vehicle parking, sewage disposal systems, and the development of any structures shall be specifically prohibited in the access strip.

(3) The body of a flag lot shall comply with all of the minimum dimensional requirements of the zoning district in which it is located. The area of the access strip shall not be counted toward the minimum lot area requirement.

(4) The front yard of the rear or flag lot shall be parallel to the frontage street. In the event the access strip is proposed for a future road, a second front yard for the purpose of establishing setbacks shall be measured from the potential access road.

(5) All minimum setback requirements in the applicable zoning ordinance shall be increased by 25% in flag lots.

C. Review Factors. Flag lots shall only be allowed when the Board of Supervisors, based upon advice from the Township Planning Commission and Township Engineer, has determined the following:

(1) Flag lots would enhance the rural character of their proposed location.

(2) The minimum number of flag lots needed are being proposed. Further subdivision of flag lots shall not be permitted.

(3) The access would allow for the minimum safe sight distance criteria to be met for the driveway and/or local road requirements, depending on the total number of lots.

(4) The use of flag lots will result in saving trees, avoiding steep slopes, and preserving floodplain, wetlands, agricultural lands, and other environmental features, if present.

(5) Flag lots would provide a positive fiscal economic impact on the municipality by limiting future road maintenance.

D. Design Standards for Flag Lots.

(1) Any access strip that is shared by three or more lots shall be designed to meet the Township's new residential street requirements. All other access strips shall be designed to meet the Township's driveway standards. Compliance with the Township driveway and/or new residential street standards in § 22-819 and 22-816, respectively, are to be followed.

(2) The length of the access strip shall be kept to a minimum. As a guide, the preferred length is approximately equal to the depth of one lot which complies with the minimum lot width and area requirements of the district in which it is located. No access strip shall exceed two times the lot depth described above, unless the primary purposes of the additional length are to preserve farmland or other land for preservation of agriculture or rural character, by locating new development remote from road frontage.

(3) The location of the access strip should be logical relative to the body of the rear lot, surrounding lot configurations, and natural features of the land, and it shall intersect the public street at a safe, visible location.

(4) Turns greater than 120° or with a radius less than 150 feet and vertical grades in excess of 10% are prohibited in access strips. It may be necessary to widen the access strip at such sharp turns and steep slopes to accommodate grading, drainage, tree preservation, or emergency vehicles. Access strips that may become future roads shall be configured to accommodate horizontal curves required for roads. Emergency vehicle turning templates shall be provided to verify that emergency access can be provided. As part of this, a vertical profile for the entire driveway length shall be provided to ensure that the emergency vehicle or other vehicles utilizing the driveway/access will not have issues.

(5) Driveways with access strips shall be paved from the edge of road pavement to a distance commiserate with the required stopping space per § 22-819.

(6) Joint driveways are permitted among both front and rear lots. No more than two access strips may abut each other. Each pair of access strips must share a common access point and driveway from the edge of pavement to a distance of at least 50 feet beyond the ultimate right-of-way line of the road, from which point either one common driveway or two individual driveways may continue. The shared portion shall be a minimum of 16 feet wide. Shared portions of driveways may be wider where access is taken from collector streets or streets of a higher classification.

(7) Access points to flag lots, whether single or paired, shall be separated by at least 100 feet as measured along the right-of-way from all other existing and/or proposed driveways when providing access to two or less lots and the minimum intersection spacing when serving three or more lots. Separation distance shall be measured from the center point of the nearest access strips unless specific driveway access points have been clearly established.

(8) No more than one "tier" of flag lots shall be permitted on a tract. In other words, a flag lot may not be located behind another flag lot.

(9) In a subdivision of five or more lots, flag lots may comprise no more than 15% of the total number of lots, rounded to the nearest whole number.

(10) Flag lots are not permitted to gain access from an existing or proposed single-access street.

(11) The access strip must serve as the primary access point for the lot unless a common drive or access is gained through an easement at a safer and less environmentally damaging location.

§ 22-806 Blocks.

[Added by Ord. No. 22-05, 5/5/2022]

1. The ideal block length measured along the building frontages is 1,000 feet. The minimum block length shall be 400 feet and the maximum block length shall be 1,600 feet unless the zoning ordinance specifies different minimum and/or maximum lengths.

2. When reverse lots are used, the block width shall be in accordance with the reverse frontage lot standards in § 22-805.8.

3. Blocks should be designed to continue New Hanover Township's existing street pattern and provide efficient, convenient, and safe pedestrian and vehicular circulation.

4. Blocks should be designed to reflect natural features that may constrain subdivision and land development. Unless a watercourse is located along the rear of lots in the block, drainage should be away from the interior of the block toward the abutting streets.

5. Where blocks are longer than 1,000 feet, pedestrian crosswalks may be required in locations deemed necessary by the Board of Supervisors and/or Township Traffic Engineer. These mid-block crosswalks shall then be designed in accordance with PennDOT's Publication 46 requirements, as amended, as well as the Township's requirements for ADA curb ramps.

§ 22-807 Easements.

[Ord. 3/29/1990B, § 803; as amended by Ord. 97-7, 10/13/1997, § 804; and by Ord. No. 22-05, 5/5/2022]

1. Widths and locations of easements and rights-of-way shall be determined by the Township Engineer or the appropriate authority or utility company for all utilities, including stormwater facilities. The location and design of the utilities shall be governed by the requirements herein.

A. General Standards.

(1) Easements and required front, side or rear yards may co-occupy the same land as utilities.

(2) Nothing shall be permitted to be placed, planted, set or put within the areas of an easement unless it is a portable or removable object. The area shall be kept as lawn.

(3) The owner of any lot, upon written request by the Township and at the owner's sole expense, shall remove anything placed, planted, set or put within an area of any easement.

(4) To the fullest extent possible, easements shall be adjacent to rear or side lot lines and occupying only a portion of one lot, rather than being centered on two lots.

B. All easements and rights-of-way, including descriptions of any restrictions thereof, shall be shown on the record plan and shall be recited in a deed for each and every property describing the subject area. Any error found in a deed shall be immediately corrected and re-recorded in the office of the Recorder of Deeds for Montgomery County at Norristown, Pennsylvania, at the sole expense of the applicant.

C. Utility Easements. A minimum width of 20 feet shall be provided for common utilities and drainage when provided in undedicated land for one use. Multiple utility uses within one easement require additional easement width.

D. Public Utilities. All water, sewer, and gas mains and other underground facilities shall be installed prior to street paving at locations approved by the Township Engineer.

E. Underground Utilities. All water, sewer, and gas mains shall be installed underground. All electric, telephone and communication services, both main and service lines, shall be provided by underground cables, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services, except where it is demonstrated to the satisfaction of the Board of Supervisors that underground installations herein required are not feasible because of physical conditions of the lands involved. All main underground cables which are within the right-of-way of a street shall be located as specified by the utility company, subject to approval by the Board of Supervisors, upon recommendation of the Township Engineer.

(1) In order to promote and facilitate the underground installation of utility distribution lines, a letter of endorsement shall be required from the suppliers of utility service (not limited to electrical, telephone, or cable television) of the developer's choice wherein the applicant acknowledges that underground utilities are feasible and shall be consummated as part of the improvement plan.

(2) A statement relative to the intent of the developer to provide underground utility service shall be placed on the final plan requisite to final approval of the plan.

(3) The provisions in this chapter shall not be construed as to limit or interfere with the construction, installation, operation, and maintenance of public utility structures or facilities which may hereafter be located within public easements or rights-of-way designated for such purposes.

(4) Light standards are to be placed as required by Ordinance. Power source for such standards shall be placed underground, as required.

(5) Along arterial and collector roads, all new electrical service shall be placed underground.

F. Access easements shall be provided where there are common driveways or shared access arrangements.

G. Where a subdivision or land development is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage but not less than 20 feet, or as may be required or directed by the Township and/or the Department of Environmental Protection. The owner shall properly grade and stabilize slopes and fence any open ditches when it is deemed necessary by the Township.

H. Where swales extend through two or more lots they shall be considered "conveyance swales." Conveyance swales shall be contained within an easement and excluded from the lot area calculation, per § 22-805, Subsection 1C.

I. Where trail easements are provided across private lots, a method of physically delineating the trail easement shall be provided. Such methods shall include shrubbery, trees, markers or other methods acceptable to the Township.

J. There shall be a minimum distance of 50 feet, measured in the shortest distance, between any proposed dwelling and any petroleum products or natural gas transmission line.

K. Sanitary sewer lines shall be placed in the public street cartway except where permitted in an easement by the Township Board of Supervisors and the Township municipal authority.

§ 22-808 Topsoil Protection and Grading.

[Ord. 3/29/1990B, § 804; amended by Ord. No. 22-05, 5/5/2022]

1. Minimal Grading. Grading shall be limited to the minimum amount of disturbance of soil or natural topography.

2. Topsoil Protection. The topsoil that existed naturally on-site prior to subdivision or land development shall be managed in the following way:

A. In areas to be graded, the topsoil shall be stripped off and stockpiled on site and only in accordance with the erosion and sediment (E & S) control plan.

B. Following construction, the stockpiled soil shall be screened and redistributed uniformly on site to a minimum depth of eight inches and suitably stabilized by vegetation.

C. Any topsoil in excess of soil needed for reestablishment of eight inches depth in areas of the site that will not be paved may only be removed from the site provided that written authorization has been obtained from the Township Engineer, and provided that said soil to be removed has been documented and proven to be composed of clean fill. Said soil to be removed shall not be resold, and all attempts shall be made to relocate to a location within the Township, as specified by the Township Engineer.

3. Grading. All permanent and temporary cutting, filling, grading, regrading, and/or other forms of earthmoving activities shall be known as "grading" and shall be conducted only in compliance with the standards as described below.

A. All grading shall be set back from property lines a minimum of five feet or a greater distance, as determined by the Township Engineer, to prevent any adverse effects on adjacent properties.

B. No permanent excavation shall be made with a cut face steeper in slope than 3:1. For steeper slopes, a soils report prepared by a qualified engineer or geologist experienced in performing such studies and registered in the Commonwealth of Pennsylvania shall be prepared to document the soil stability.

C. Wherever grading will increase the volume or velocity of stormwater flow toward a property line, the applicant shall install and maintain drainage facilities sufficient to prevent adverse effects on the adjoining property. The construction and operation of these drainage facilities shall not cause any adverse effects on abutting properties.

D. Within the property proposed for development or along property lines, where grading creates an abrupt drop-off in contrast to a previously existing gradual change or where a wall is being installed, the applicant shall be required to install a fence or other suitable protective barrier.

E. A permit shall be required for grading operations. Permits shall be issued by the Zoning Officer upon recommendation of the Township Engineer for each tract, lot, parcel, or site which comprises a separate operation, unrelated to or not contiguous with nearby grading proposed or performed by the applicant. A permit shall not be required in the following situations, however:

(1) For an excavation that does not exceed 10 cubic yards total material removed.

(2) For a fill that does not exceed 10 cubic yards of material deposited.

(3) For an excavation below finished grade for basements and footings for a single-family detached or two-family dwelling, swimming pool, or underground structure authorized by building permits, excavation for a driveway for a single-family detached or two-family dwelling, or the regrading of such excavated materials into the site from which they were excavated.

F. Blocks and lots shall be graded to secure proper drainage away from buildings and to prevent ponding of stormwater, except in detention/retention areas.

G. Burying of trees, stumps or construction materials is prohibited. Trees and stumps may be chipped or ground and spread on the site.

§ 22-809 Below-Grade Structures and Streets.

[Ord. No. 18-04, 7/23/2018; Ord. No. 18-05, 10/4/2018; as amended by Ord. No. 22-05, 5/5/2022]

1. For all dwelling units and buildings proposed to be provided with basements or any type of structure below grade areas, the groundwater elevation, perched water tables, or seasonally high groundwater elevation (as indicated by the presence of redoximorphic features or other indicators acceptable to the Township Engineer) within the building envelope for the lot(s) where the dwelling units and buildings are proposed to be constructed shall be identified and provided to the Township with the preliminary and final plans. The groundwater elevation, perched water table(s), and seasonally high groundwater elevation shall be determined for each dwelling unit or building by on-site testing completed prior to the preliminary plan submission. The test results shall be certified by a qualified professional engineer, soil scientist, or other professional who is acceptable to the Township.

2. Test excavations are subject to observation by a representative from the Township. The Township is to receive notice of testing at least 72 hours' prior to the testing. The means of testing shall be approved by the Township; such means shall not destroy the redoximorphic features of the test area.

3. All basements and below grade areas (finished floor elevation) shall be set a minimum of six inches above the perched water table, groundwater elevation, or seasonally high groundwater elevation, whichever is closest to the surface of the land.

4. The Township may require that an on-site inspection and testing be conducted to determine if hydric soils and soils with hydric components exist where a street is proposed, to determine if such soils may adversely affect the proposed street(s). Streets within or on hydric soils or soils with hydric components are prohibited.

§ 22-810 Stormwater Management and Drainage.

[Ord. 3/29/1990B, § 806; as amended by Ord. 97-7, 10/13/1997, § 807; by Ord. No. 22-05, 5/5/2022; and by Ord. No. 22-08, 12/1/2022]

1. General.

A. All subdivision and land development plans shall include methods to withhold and release stormwater at a controlled rate.

B. Properties shall be graded to ensure proper surface drainage away from buildings and to promote the collection of stormwater in conveyance systems per design. Minimum 2% slopes away from structures shall be required.

C. The stormwater management system shall be designed in accordance with all current and applicable Township stormwater management ordinances and the Pennsylvania Best Management Practices Manual.

D. Existing natural stormwater drainage systems shall be preserved and incorporated into the overall site stormwater management system.

E. New stormwater conveyance and control devices shall be designed to be compatible with natural site conditions.

F. Maintenance of Stormwater Facilities. Prior to the granting of final approval of any subdivision or land development plan, the Township must be satisfied through contractual arrangements that all stormwater facilities will be properly maintained. If all or a portion of the facilities will be on property which will be conveyed to an individual homeowners' association or any other eventual owner, the guarantees must be in such a form that they will carry through to the new owners. The approved post-construction stormwater management plan shall be recorded with the Montgomery County Recorder of Deeds, along with all maintenance requirements for the same.

G. Storm sewers, culverts and related installations shall be provided:

(1) To permit unimpeded flow of natural watercourses and in such a manner as to protect the natural character of the watercourses and to provide regulated discharge.

(2) To ensure adequate drainage of all low points along the line of streets, sidewalks, trails, and bicycle facilities.

(3) To intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained and to prevent substantial flow of water across intersections.

H. Storm sewers, as required, shall be placed in the cartway of curbed streets and parallel to the roadway shoulders of streets without curbs. When located in undedicated land, with approval by the Township Board of Supervisors, storm sewers shall be placed within an easement not less than 20 feet wide.

I. Manholes shall be spaced not more than 300 feet apart on pipe sizes up to and including 24 inches in diameter, and not more than 450 feet apart for pipe sizes greater than 24 inches in diameter. Inlets may be substituted for manholes, on approval by the Township Engineer, at the same spacing as required for manholes. In no case shall inlets or manholes be spaced more than 450 feet apart. Manholes or inlets shall be provided at all changes of direction of storm sewer piping. Storm manholes shall have a minimum opening of 30 inches. Manholes or inlets shall be provided at all changes of direction of storm sewer piping.

J. Manholes, inlets, headwalls and endwalls proposed for dedication or located along streets or subject to vehicular traffic shall conform to the requirements of the PennDOT, Bureau of Design, "Standards for Roadway Construction," in effect at the time the design is submitted, or as otherwise modified by New Hanover Township. Manhole covers shall have the word "storm" cast in two-inch-high letters on the top of the cover.

K. Stormwater roof drains and sump pumps shall not discharge water directly onto a sidewalk or a street and shall be constructed to retain all discharge wholly on the property except where such drainage can be conveyed to a storm sewer system.

L. Drainage structures which drain watershed areas in excess of 1/2 square mile (320 acres), or which have a span of eight feet or more, shall be designed for a maximum expected runoff as calculated using the Soil Conservation Service Technical Release 55, Urban Hydrology for Small Watersheds (less than 2,000 acres). The design storm shall be a minimum fifty-year storm. A 100-year storm shall be used if the structure will significantly affect the 100-year floodplain. A water obstruction permit shall be obtained from the Pennsylvania Department of Environmental Protection for all waterway openings prior to final plan approval.

M. Headwalls and endwalls shall be used where stormwater runoff enters or leaves the storm sewer horizontally from a natural or man-made channel. PennDOT Type "DW" headwalls and endwalls shall be utilized. The upstream endwall shall be provided with a slanted, hinged trash rack. Flared end sections (FES) are recommended for all pipe inlets and outlets with a pipe diameter equal to or less than 24 inches. Endwalls with a height (top of wall to invert of pipe) greater than three feet shall be faced with stone or an approved material and shall include a safety fence at the top of the headwall consisting of a split rail and wire mesh fence (three rails with a minimum height of four feet).

2. Storm Sewer Design.

A. Storm Frequency.

(1) Design Flow Rate. The storm drainage system shall be designed for 100 years in all residential subdivision or land developments where the gross density is less than six dwelling units per acre and 100 years in all other subdivisions or land developments, unless otherwise specified by the Township Engineer. Rainfall intensity curves and other hydraulic design data, provided by the Pennsylvania Department of Transportation and/or Soil Conservation Service, shall be used for design purposes. The design year peak flow rate into each inlet shall be indicated on the stormwater drainage plan. The flow rate shall be determined by the Rational Formula Q = CIA.

Where:
Q	=	Peak runoff rate measured in cubic feet per second (cfs)
C	=	Runoff coefficient-the coefficient of stormwater runoff includes many variables, such as ground slope, ground cover, shape of drainage area, etc.
I	=	Intensity-average rainfall intensity in inches per hour for a time equal to the time of concentration
A	=	Area-drainage area in acres

B. Storm Duration.

(1) A five-minute storm duration shall be used if the duration does not result in a maximum expected discharge that exceeds the capacity of a fifteen-inch pipe.

(2) If a five-minute storm duration results in a pipe size exceeding 15 inches, the time of concentration approach shall be used in determining storm duration.

C. Shoulders in Cut Areas (without swales).

(1) Water flowing in the shoulder shall not encroach more than 2/3 the shoulder width during a ten-year-frequency storm of five-minute duration.

(2) The maximum velocity as determined by Manning's Equation shall not exceed the allowable velocities as shown in Table 22-806-1[1] for the specific type of shoulder material.

[1] Editor's Note: Said table is on file in the Township offices.

(3) Inlets shall be provided to control the shoulder encroachment and water velocity.

D. Swales Adjacent to Shoulders.

(1) When swales are provided in cut areas, the water shall not encroach upon the roadway area during a ten-year-frequency storm.

(2) The maximum velocity as determined by Manning's Equation shall not exceed the allowable velocities as shown in Table 22-806-1[2] for the specific type of swale material.

[2] Editor's Note: Said table is on file in the Township offices.

E. Curbed Sections. The maximum encroachment of water on the roadway pavement shall not exceed four inches in depth at the curbline during a ten-year-frequency storm. Inlets shall be provided to control the encroachment of water on the pavement.

F. Inlets.

(1) When there is a change in pipe size in the inlet, the elevation of the top of pipes shall be the same or the smaller pipe higher. A minimum drop of two inches shall be provided at the inlet pipe invert elevation and the outlet pipe invert elevation.

(2) If the capacity of the shoulder, swale, curb section or depressed median section is less than the inlet capacity, the shoulder, swale, curb section or depressed median section capacity shall govern inlet spacing.

(3) Inlet capacities shall be based on a maximum flow of five cubic feet per second.

G. Storm Pipes.

(1) To facilitate the solution of Manning's Equation as applied to storm pipes, charts are presented in "Design Charts for Open Channel Flow," prepared by the U.S. Department of Commerce, which permit a direct determination of the capacity of circular pipes. The hydraulic grade line of flow in the storm sewer system shall result in at least 1.0 foot of freeboard in all inlets and manholes.

(2) Where headroom is restricted, equivalent pipe arches may be used in lieu of circular pipe.

(3) Storm sewer pipes other than those used as roof drains, detention basin underdrains, and street subbase underdrains shall have a minimum diameter of 15 inches and be made of reinforced concrete pipe or HDPE. Where installation conditions merit, structural calculations that address the actual design requirements will be required. The minimum diameter of storm pipe shall be 15 inches.

(4) Inlets or manholes shall be placed at changes in vertical or horizontal direction of pipe.

(5) Pipe shall be designed with a slope such that the minimum velocity of 2 1/2 feet per second will be attained; however, the slope shall not be less than 0.5%.

(6) All pipes shall be designed to have a minimum of 18 inches of cover over the bell of the pipe.

(7) Separate storm sewer system pipes shall enter and exit the sides of inlet boxes and shall not encroach into the corners. A maximum skew angle of 45° is permitted for all pipes.

§ 22-811 Erosion and Sediment Control.

[Ord. 3/29/1990B, § 807; as amended by Ord. 93-3, 2/8/1993, § 33; by Ord. 97-7, 10/13/1997, § 808; and by Ord. No. 22-05, 5/5/2022]

1. General Provisions and Compliance.

A. No changes shall be made to the contour of the land, and no grading, excavating, reconstruction of the topsoil, trees or other vegetative cover of the land shall be commenced until such time as a plan for minimizing erosion and sedimentation has been processed and reviewed by the Township Planning Commission, the Montgomery County Conservation District and the Board of Supervisors.

B. Approval of the Board of Supervisors of all preliminary and/or final plans of subdivision and land development does not relieve the developer of his obligation to execute the erosion and sediment control measures as contained in this chapter.

C. When required, final approval of plans and specifications by the County Conservation District for the control of erosion and sedimentation shall be concurrent with the approval of the plans of subdivision or land development, and become a part thereof. Final plans for minimizing erosion and sedimentation as approved will be incorporated in the agreement and development escrow requirements as required by the Township.

D. At the time a building permit is applied for, a review shall be conducted by the Township Engineer to insure conformance with the plan as approved. During construction, further consultative technical assistance will be furnished, if necessary, by the Montgomery County Conservation District. During the development phase, the Township Engineer, Township Code Enforcement Officer or Soil Conservation Service representative shall inspect the development site and enforce compliance with the approved erosion and sediment control plans.

E. A subdivision or land development application shall comply with the requirements of Chapter 9, Grading and Excavating, Part 1, Soil Erosion, Sedimentation and Grading Control, as amended.

2. General Performance Standards.

A. Measures used to control erosion and reduce sedimentation shall, as a minimum, meet the standards and specifications of the Montgomery County Conservation District. In cases where the Montgomery County Conservation District does not have standards and specifications for erosion and sedimentation control, other known and commonly accepted standards and specifications may be used as approved by the Township Engineer.

B. The following measures to minimize erosion and sedimentation shall be included where applicable in the control plan:

(1) Stripping of vegetation, regrading or other development shall be done in a way that will minimize erosion.

(2) Development plans shall preserve salient natural features, keep cut and fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately control volume and velocity of surface water runoff.

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

(4) The disturbed area and the duration of exposure shall be kept to a practical minimum, but shall not exceed 20 days. Areas disturbed between October 15 and April 15 shall be stabilized by placement of sod or other means acceptable to the Township.

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

(6) The permanent (final) vegetation shall be installed immediately upon spreading of topsoil in the development.

(7) Provisions shall be made to accommodate effectively the increased runoff caused by changed soil and surface conditions during and after development within and around the site. Where necessary, the rate of surface water runoff shall be mechanically slowed.

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

3. Site Grading for Erosion Control. In order to provide more suitable sites for building and other uses, improve surface drainage and control erosion, the following requirements shall be met:

A. All lots, tracts or parcels shall be graded to provide proper drainage away from buildings and dispose of it without ponding. All land within a development shall be graded to drain and dispose of surface water without ponding, except where ponding (detention basins, etc.) is part of the stormwater management plan for the site.

B. Concentration of surface water runoff shall be permitted only in swales, watercourses or detention basins. Subject to the approval of the Township Engineer, swales shall be sodded, utilize jute matting or other similar measures to insure establishment of ground cover.

C. Grading shall in no case be done in such a way as to increase stormwater runoff and/or velocity of stormwater runoff onto the property of another landowner.

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

E. Grading equipment will not be allowed to cross streams. Provisions shall be made for the installation of temporary culverts and bridges.

F. Tire cleaning areas shall be provided and maintained at each point of access to the development site.

4. Excavations and Fills.

A. No excavation shall be made with a cut face steeper than three horizontal to one vertical, except under one or both of the following conditions:

(1) The material in which excavation is made is sufficiently stable to sustain a slope of steeper than three horizontal to one vertical. A written statement to that effect from an engineer licensed by the Commonwealth of Pennsylvania and experienced in erosion control shall be submitted to the Township Engineer for approval. The statement shall affirm that the site has been inspected and the deviation from the slope will not result in injury to persons or damage to property.

(2) A concrete, masonry or other approved retaining wall constructed in accordance with appropriate standards is provided to support the face of the excavation.

B. Edges of slopes shall be a minimum of five feet from property lines or right-of-way lines of streets in order to permit the normal rounding of the edge without encroaching on the abutting property.

C. Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations and the sloping surfaces of fills.

D. Cut and fill shall not endanger adjoining property.

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

F. Fills shall not encroach on natural watercourses or constructed channels.

G. Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.

5. Responsibility.

A. Whenever sedimentation is caused by stripping of vegetation, regrading or other development, it shall be the responsibility of the person, corporation or other entity causing such sedimentation to remove it from all affected surfaces, drainage systems and watercourses on and off-site, and to repair any damage at his expense as quickly as possible.

B. Maintenance of all drainage facilities and all watercourses, both existing and proposed, within any proposed subdivision or land development shall be the responsibility of the developer until such time as one of the following is accomplished:

(1) An easement for these facilities is offered for dedication by the developer and is accepted by the Township; it shall then be the responsibility of the owner.

(2) If an easement acceptable to the Township is established, but not dedicated to the Township, the maintenance shall then be the responsibility of the individual lot owners over whose property the easement passes. For land developments, the maintenance shall be the responsibility of the owner.

(3) A homeowners' association or other approved legal entity, approved by the Township, assumes the responsibility for the maintenance of the development, including the maintenance of the watercourses and/or drainage facilities.

C. It is the responsibility of any person, corporation or other entity doing any work on or across a stream, watercourse or swale or upon the floodplain or right-of-way during the period of work to return it to its original or equal condition after such activity is completed.

D. No person, corporation or other such entity shall block, impede the flow of, alter, construct any structure or deposit any material or thing or perform any work which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the Township and/or Department of Environmental Protection, whichever is applicable.

E. Each person, corporation or other entity which makes any surface changes shall be required to:

(1) Collect onsite surface runoff and control it to a point of discharge into the natural watercourse of the drainage area.

(2) Control existing offsite runoff through his development by designing it to adequately control all upstream runoff.

(3) Provide and install at his expense, in accordance with Township requirements, all drainage and erosion control improvements (temporary and permanent) as required by the approved erosion and sediment control plan.

§ 22-812 Streets; General.

[Ord. 3/29/1990B, § 808; as amended by Ord. 99-3, 6/28/1999, § 07; by Ord. 06-02, 1/30/2006, § 1; by Ord. 12-03, 6/19/2012, §§ 2, 3; by Ord. 12-05, 10/8/2012, §§ 2, 3; and by Ord. No. 22-05, 5/5/2022]

1. Proposed streets shall conform in all respects to Township plans, specifically the New Hanover Township Comprehensive Plan, or to such other street plans or parts thereof as have been officially prepared and adopted by the Township.

2. Proposed streets shall further conform to such county and state street and highway plans as have been prepared, adopted and/or filed as prescribed by law.

3. If lots resulting from the 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.

4. Streets that are extensions of, or obviously in alignment with, existing streets shall bear the names of the existing streets. Street names shall not be repeated within the Township or the Zip Code area. All houses shall receive address numbers. All street names and address numbers shall be subject to approval by the Board of Supervisors and the United States Postal Service.

5. Single-access streets are prohibited. For consideration of a waiver of this item, the applicant shall demonstrate via an alternative plan that it is not feasible to provide for future connections and/or any way to reconnect to a through street via the topography or shape of the parcel(s).

6. Private streets shall be designed and constructed in conformance with all design and engineering regulations of the Township Code for public streets. Whenever dedication of a street is not accepted by the Board of Supervisors, the applicant shall submit, and record with the plan, a covenant addressing the ownership, access rights, and maintenance responsibilities for that street.

7. Wherever a tract to be subdivided or developed borders on an existing half or partial street, the other part of the street shall be platted within such tract.

8. Any applicant whose property encroaches within the legal right-of-way of a state highway is required to obtain a highway occupancy permit from the Pennsylvania Department of Transportation.

9. Any applicant whose property encroaches within the legal right-of-way of a county-owned road is required to obtain a highway occupancy permit from Montgomery County Roads and Bridges.

10. Streets shall conform to existing topography to assure reasonable grades, alignment, and drainage, appropriate access to lots, and to minimize regrading and removal of vegetation. Streets shall be so arranged as to be generally parallel to, rather than cross, contour lines, and prevent the necessity for excessive cut and fill. Streets shall be laid out to avoid hazardous areas such as floodplains, steep slopes and other hazardous natural features.

11. Local roads (streets) shall be so designed to encourage connectivity across parcels, while discouraging through traffic between higher order streets. However, the arrangement of streets of higher classification shall provide for the continuation of existing or platted streets or for proper access to adjoining undeveloped tracts.

§ 22-813 Stub Streets or Temporary Cul-De-Sac Streets.

[Ord. 3/29/1990B, §§ 809; as amended by Ord. No. 22-05, 5/5/2022]

1. Following a recommendation from the Township Planning Commission and Township Engineers, the Board of Supervisors may require stub streets or temporary cul-de-sac streets to be provided where the site abuts undeveloped land and future vehicular connectivity is desirable.

2. The length shall be designed in accordance with cul-de-sac street standards.

3. The width and other road improvements of stub streets or temporary cul-de-sac streets shall generally conform to the future functional classification of the roadway once it is fully connected. The right-of-way shall be granted to the Township and vacated to the adjoining property owners upon the extension of the street.

A. Stub streets and temporary cul-de-sac streets shall be provided with a vehicular turnaround that meets cul-de-sac street standards.

B. Stub streets and temporary cul-de-sac streets shall be constructed to the property line in accordance with the standards of this Part 8 applicable to the classification of streets it will be upon extension.

4. The area to be extended to the adjacent parcel shall be graded to allow for the future connection of the parcels. No retaining walls or other structural features are permitted where the roadway is to be extended.

5. Concrete curbing as required shall be installed completely around the circumference of the turn-around area and proper provisions shall be made for surface drainage.

6. Upon the extension of the street beyond the temporary easement, the developer of the street extension shall go onto the land of the turn-around and remove the curbing and road construction and construct new curbing and roadway to the alignment of the street as extended. The developer shall completely remove all concrete, stone base and asphaltic surfacing from behind the new curb, backfill the area to within six inches of the final grade, fill the remainder with topsoil and seed the area. The developer shall also extend the private drives, if any, to the new curb position using the same construction as the undisturbed part of the drive and relocate any fence, mailbox, or other features within the lot to align with the new roadway.

§ 22-814 Cul-De-Sac Streets.

[Ord. 3/29/1990B, § 810; as amended by Ord. 93-3, 2/8/1993, §§ 34, 35; and by Ord. No. 22-05, 5/5/2022]

1. Cul-de-sac streets shall be designed as follows if a waiver is granted from § 22-812, Subsection 5:

A. Cul-de-sac streets shall be a minimum of 250 feet long and shall not exceed 800 feet in length. Measurement of the length shall be made from the centerline of the abutting through road or point of intersection with another cul-de-sac to the centerline of the turnaround, measured along the cul-de-sac street's centerline. A permanent or temporary cul-de-sac exceeding 800 feet in length may be approved by the Board of Supervisors only if the conditions of the tract relating to such items as topography and tract configuration warrant a longer cul-de-sac street.

B. Cul-de-sac streets shall have as the closed end a turn-around having a minimum paving radius of 40 feet and a right-of-way having a minimum radius of 50 feet. In no event shall the distance between the edge of paving and right-of-way line be less than 10 feet. Truck turning templates are required to verify that the largest emergency vehicle serving the Township, design vehicle for the site, and any other delivery vehicles can turn around within the cul-de-sac street without interfering with any vehicles parked within the cul-de-sac street, if on-street parking is permitted within the cul-de-sac street. If the paved radius of the cul-de-sac street is increased, the radius of the right-of-way must also be increased by the same amount and a center curbed landscape island provided at the discretion of the Township Engineer. The center curbed landscape island shall then be owned and maintained by one of the lot owners or a community association approved by the Board of Supervisors.

C. As an alternative to a fully paved cul-de-sac, the center of the cul-de-sac may be provided with a planted island which shall be owned and maintained by one of the lot owners, or a community association approved by the Board of Supervisors. The cul-de-sac shall be provided with a paved cartway having an outer paving radius of 50 feet and a minimum width of 20 feet and a one-way traffic pattern. The right-of-way shall have a minimum radius of 60 feet and a maximum radius of 65 feet. Truck turning templates are required to verify that the largest emergency vehicle serving the Township, design vehicle for the site, and any other delivery vehicles can turnaround within the cul-de-sac street without interfering with any vehicles parked within the cul-de-sac street, if on-street parking is permitted within the cul-de-sac street.

D. Drainage of cul-de-sac streets shall preferably be toward the open end. If drainage is toward the closed end, water shall be conducted away in an underground storm sewer or other means approved by the Township.

E. The longitudinal centerline grade on a cul-de-sac street shall not exceed 5% grade across the turnaround.

F. Residential cul-de-sac streets, permanently designed as such, shall not provide access to more than 10 dwelling units unless an emergency access can be provided.

G. A permanent easement for snow removal shall be required within the cul-de-sac bulb. The easement shall have a minimum length along the right-of-way line of 40 feet and a depth of 15 feet. When curbing is required, a curb depression shall also be placed in this easement area. No shrubbery, fence, mailbox, or any other obstruction shall be placed within the easement to hinder the placement of snow. This area shall be delineated with no parking signs and retroreflective, flexible delineator posts shall be installed in ten-foot increments along the entire length of the easement area at the maximum depth.

H. "No Outlet" (W14-2) signs shall be installed at the entry point to all cul-de-sac streets.

I. The extension of existing and/or proposed cul-de-sac streets to another cul-de-sac street is prohibited.

J. If feasible, an emergency access shall be provided for all cul-de-sac streets in accordance with the Township standards in § 22-816.

§ 22-815 Existing Streets and Roads.

[Ord. 3/29/1990B, § 811; as amended by Ord. 93-3, 2/8/1993, §§ 36, 37; by Ord. 99-3, 6/28/1999, §§ 08, 09; by Ord. 06-01, 2/13/2006, § 1; by Ord. 12-03, 6/19/2012, § 6; by Ord. 12-05, 10/8/2012, § 6; and by Ord. No. 22-05, 5/5/2022]

1. Standards.

A. The following standards apply to existing streets:

Minimum Cartway Requirements
Street Classification	Cartway (feet)
Arterial	(1)
Collector	30
Local roads/residential streets	28
Marginal access streets	24
Local roads
One-way alley	12
Two-way alley	16
Private roads	(2)

NOTES:
(1)	Roadways owned by PennDOT and/or Montgomery County Roads and Bridges shall be subject to any right-of-way requirements deemed necessary by those entities.
(2)	Private road shall be designed to meet the Township's local roads/residential street standards.

B. The cartway width shall be increased by 16 feet where on-street parking is provided along both sides of the existing street. Where on-street parking is proposed along collector streets, the parking area shall be delineated. No on-street parking shall be permitted along arterials.

C. However, no right-of-way is required where a marginal access street is part of a nonresidential development, is kept as a private circulation improvement, and there is no dedication to the Township or other governmental body.

2. Curbs shall be provided in all zoning districts when existing streets are required to be widened.

3. Additional rights-of-way and cartway widths may be required by the Board of Supervisors in order to lessen traffic congestion, to secure safety from fire, panic and other dangers, to facilitate the adequate provision for transportation and other public requirements and to promote the general welfare.

4. Where a subdivision or land development abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width shall be dedicated to conform to the standards of this chapter. Where a subdivision or land development abuts or contains an existing street of inadequate cartway with, additional cartway width shall be dedicated and/or provided to conform to the standards of this chapter.

§ 22-816 New Streets.

[Ord. 3/29/1990B, §§ 812 and 814; as amended by Ord. 99-3, 6/28/1999, §§ 10 and 38; by Ord. 99-3, 6/28/1999, § 11; by Ord. 06-01, 2/13/2006, §§ 2, 3, and 4; by Ord. 12-03, 6/19/2012, §§ 7 — 10; by Ord. 12-05, 10/8/2012, §§ 7 — 10; and by Ord. No. 22-05, 5/5/2022]

1. Purpose. The purpose of these provisions is to establish appropriate standards for the design of new streets that will promote the safety and convenience of vehicular traffic, protect the safety of residents, and minimize the long-term costs for the maintenance and repair of streets.

2. Cartways. The minimum cartway width for a new residential street shall be 38 feet with an eight-foot-wide shoulder area designated for on-street parking on both sides.

Figure 1:

3. In areas where mid-block pedestrian crossings are required and/or proposed, a bulb-out area shall be provided to reduce the pedestrian crossing distance and enhance the visibility of the pedestrian between vehicles parked along the street. Appropriate pedestrian warning signage and pavement markings shall be provided.

4. Street Access. A local road may intersect or take access from any existing street type. Both ends of a loop street, however, must intersect the same connecting street and be laid out to discourage the passage of through traffic.

5. Curbs shall be provided in all zoning districts for all proposed new streets.

6. Cul-de-sac streets and Stub Streets. See §§ 22-812 and 22-813.

7. Single-Access Street. A street with only one point of intersection with a through street but where the street continues around and intersects with itself. Lots or dwelling units may be located in the island created by this street configuration provided that there is adequate, safe sight distance. These types of single-access streets are permitted only via a waiver from § 22-812, Subsection 5. It shall be the applicant's responsibility to demonstrate that an alternative street connection cannot be provided.

A. The maximum number of dwelling units that take access along a single-access street shall be limited to 10.

B. Only one single-access street is permitted per subdivision.

C. The distance from the right-of-way line of the through street to the point where the single-access street intersects itself shall not exceed 400 feet.

D. An emergency access is required for all single-access streets in accordance with the Township's standards.

8. Engineering Criteria. All features of the geometric design of residential access streets that are not specified below shall be designed for a design speed of 25 miles per hour.

A. Minimum grade: 1%.

B. Maximum grade: 7%.

C. Horizontal curvature: Horizontal curve radius shall be designed based on the roadway design speed criteria as outlined in the latest version of PennDOT's Design Manual 2 (DM2) and/or AASHTO's A Policy on Geometric Design of Highways and Streets.

D. Vertical curve length: Vertical curve lengths shall be designed based upon the roadway design speed to meet the required sight distance criteria for vertical and sag curves based on acceptable criteria as outlined in PennDOT's Design Manual 2 (DM2) and/or AASHTO's A Policy on Geometric Design of Highways and Streets.

E. Combinations with the minimum radius horizontal curve and the maximum grade will not be approved.

F. Minimum tangent length between reverse curves: 100 feet.

G. At all approaches to intersections, street grades shall not exceed 4% for a minimum distance of 50 feet or the longest design vehicle for the site, whichever is greater, as measured from the intersection of curb lines or edges of cartways.

9. Private roads built to standards set forth by the Township Supervisors hereby meet Township standards.

10. New Nonresidential Streets. The following standards shall apply to new nonresidential streets.

A. Moving Lanes. All industrial/commercial streets shall be provided with a minimum of two continuous moving lanes in which no parking is permitted.

B. Engineering Criteria. All features of the geometric design of an industrial/commercial street specified below shall be designed for a design speed of 30 miles per hour to be able to accommodate truck traffic.

(1) Minimum grade: 1%.

(2) Maximum grade: 5%.

(3) Horizontal curvature, minimum tangent length between reverse curves, super elevation, stopping sight distance and maximum grade within 50 feet of intersection shall follow residential street guidelines. New nonresidential residential streets shall meet the standards for the same classification of street under § 22-816.

C. Dedication. The Township reserves the right to refuse dedication of a special purpose street. An appropriate legal mechanism for ownership and maintenance will be required where the streets are not accepted for dedication.

11. Emergency Access: Emergency access roads shall be designed as follows, which will be verified with turning templates of the largest emergency vehicle anticipated to utilize the access:

A. Provide a minimum cartway width of 16 feet.

B. Provide retroreflective, flexible delineator posts at fifty-foot intervals along the entire length of the emergency access.

C. Provide a Knox-Box^® or gated access at the street intersections, which shall be coordinated with the Township's Fire Marshall.

D. Provide a depressed curb for emergency vehicle access that shall be wide enough to accommodate the largest emergency vehicle that is anticipated to utilize the access. Appropriate signage and curb colors shall be utilized to prevent vehicles from parking in front of the access entrances.

E. Be designed to meet the local street pavement cross-section requirements or if grass pavers are provided, then the pavers are to be set on a subgrade and subbase in accordance with the local street pavement requirements per Chapter 21, Streets and Sidewalks. The homeowners' association shall then be responsible for maintaining the grass over the pavers.

§ 22-817 Alleys (Service Streets).

[Ord. 3/29/1990B, § 813; as amended by Ord. 12-03, 6/19/2012, § 11; by Ord. 12-05, 10/8/2012, § 11; and by Ord. No. 22-05, 5/5/2022]

1. Where alleys are provided for residential uses, alleys shall have a minimum cartway width of 12 feet for one-way alleys and a minimum cartway width of 16 feet for two-way alleys. Turning templates shall be provided to verify the minimum width requirements based on the largest emergency vehicle and/or delivery vehicle to utilize the alleys.

2. No part of any building or structure shall be located within 16 feet of the cartway of an alley.

3. Dead-end alleys are prohibited.

4. Alleys may not connect to other alleys. They must only connect with streets of higher classifications.

5. Alley intersections and sharp changes in alignment shall be avoided, such as ninety-degree horizontal curves. Corners shall be cut off sufficiently to permit safe vehicular movement. Alleys shall be designed to discourage through traffic.

§ 22-818 Marginal Access Streets.

[Ord. 3/29/1990B, § 815; as amended by Ord. 95-8C, 11/27/1995, § 1; and by Ord. No. 22-05, 5/5/2022]

1. Classification. Marginal access streets are required along existing or proposed arterial or collector roads where the arterial or collector road has an average daily traffic (ADT) more than 5,000 vehicles per day (total both directions of travel).

2. Design Standards.

A. A marginal access street shall consist of two traffic lanes.

B. A marginal access street shall have a minimum width of 24 feet.

C. The marginal access street shall provide continuous and uninterrupted vehicular movement from one property to another.

D. No parking spaces shall take direct access from the marginal access street connecting two parcels to one another. A minimum distance of 50 feet shall be provided between the marginal access street cartway and the cartway of the arterial or collector road.

E. A marginal access street shall be constructed generally parallel to the arterial or collector road.

3. Nondedication. The marginal access street shall be considered part of the onsite internal circulation system and shall be owned and maintained by the property owner. Marginal access streets shall not be dedicated to the Township.

§ 22-819 Driveways.

[Ord. 3/29/1990B, § 816; as amended by Ord. 93-3, 2/8/1993, § 39; by Ord. 07-02, 3/26/2007, § 3; and by Ord. No. 22-05, 5/5/2022]

1. Distance from Street Intersections. Driveways shall be located as far from street intersections as is reasonably possible, and not less than the following distances:

A. Individual residential lots: 40 feet.

B. Multifamily residential and nonresidential: 150 feet.

C. Measured from the centerlines of the intersecting streets to the near edge of the driveway.

2. Driveways to corner lots shall gain access from the street of lower classification when a corner lot is bounded by streets of two different classifications as described herein.

3. For collector and higher order streets, a driveway turn-around space shall be provided for each lot so that no car needs to back out onto a street when exiting the lot.

4. Regardless of driveway classification, all driveways shall be so located, designed and constructed as to provide the required safe sight distance at intersections in accordance with § 22-820 with a stopping space within which the grade shall not to exceed a 4% grade. The stopping area shall be measured as follows:

A. The length of stopping area shall be a minimum of 20 feet or the length of the longest vehicles anticipated to use the driveway, whichever is greater.

B. Stopping areas shall be measured from the ultimate right-of-way line for all streets.

5. All driveways shall be at least five feet from any side or rear lot line for single-family lots and 20 feet from any side or rear lot line for commercial lots. Common use of driveways by adjacent landowners is permitted at the sole discretion of the Township Board of Supervisors.

6. For properties abutting curbed and uncurbed streets, the following standards shall apply to the driveway apron at the street line:

A. Minimum curb cut or driveway width at the street line: 10 feet.

B. Maximum curb cut or driveway width at the street line: 20 feet.

C. The driveway apron shall be designed in accordance with the requirements of Chapter 21, Streets and Sidewalks.

7. Each single-family lot shall have only one curb cut along any one street frontage.

8. All entrance drives which may be expected to convey greater than 30 ADT shall be laid out to conform to the minimum design, service and access standards specified in this chapter for residential local roads and shall be considered a local road.

9. Maximum grade for driveways.

A. Residential driveways shall not exceed 4% grade within the ultimate right-of-way or 20 feet from the edge of the street cartway, whichever is greater. The maximum driveway slope beyond the leveling area of 4% shall be limited so that the maximum algebraic grade difference does not exceed 9% without the incorporation of a vertical curve to ensure adequate ground clearance for a passenger vehicle.

B. All other driveways shall not exceed 4% grade within the ultimate right-of-way or 20 feet from the edge of the street cartway, whichever is greater. The maximum driveway slope beyond the leveling area of 4% shall be limited so that the maximum algebraic grade difference does not exceed 7% without the incorporation of a vertical curve to ensure adequate ground clearance for the design vehicle.

C. A vertical profile is to be submitted to illustrate the grade changes along the entire length of all driveways, which will be reviewed by the Traffic Engineer to ensure that vehicles will not have issues associated with the changes in grade.

10. All residential driveways must be paved unless they exceed 50 feet in length. Driveways which exceed 50 feet in length will be required to be paved for the first 50 feet from the edge of the street cartway. The remaining length of the driveway must be designed in accordance with the Township's emergency access requirements.

§ 22-820 Intersections.

[Ord. 3/29/1990B, § 817; as amended by Ord. No. 22-05, 5/5/2022]

All street intersections shall be governed by the standards of this section.

1. Number of Streets. Not more than two streets shall intersect at the same point.

2. Three-Way/Four-Way Intersections. Three-way or T-intersections shall be used instead of four-way intersections unless the four-way intersection can be justified in terms of necessary and desirable traffic movements. T-Intersections shall be laid out to prevent interlocking left-turn movements.

3. Angle of Intersections.

A. All intersection approaches shall be designed at right angles unless sufficient reason exists to justify a lesser angle. However, no angle shall be less than 75° for intersections with arterials or collector roads and 70° for intersections between local access streets, measured at the centerlines of the intersections.

B. Where angled intersections are used, it is preferable to design them so that the heavier traffic flow will make the turn which is greater than 90°, rather than the turn which is less than 90°.

4. Corrective Changes to Existing Intersections. When existing streets intersect at odd angles or have more than four approaches, the applicant shall make corrective changes to bring the intersection into compliance with this chapter, as required by the Supervisors, who shall first seek the advice of the Township Engineer and Planning Commission and other technical advisors or agencies, as appropriate. For state and county highways, corrective changes shall comply with the requirements of the appropriate agency.

5. Waiver of Corrective Changes. The Supervisors may waive the above requirements for corrective changes under one or more of the following conditions:

A. When changes made on the applicant's land will not improve the intersection's deficiencies.

B. When other road improvements are already planned which would correct the problem without any corrective action required of the applicant.

C. When not required by PennDOT or Montgomery Count where the intersections are under their jurisdiction.

6. Curb Radius. Minimum curb or edge of pavement radius shall be determined according to the specifications for the street of higher classification (existing or proposed), as specified below:

Classification	Minimum Radius (feet)
Arterial	In accordance with PennDOT and/or Montgomery County requirements
Collector	35
Local (minor) road	25

A. The values presented are minimum values and the actual utilized is to be verified based upon the largest fire truck or emergency vehicle utilized by the Township or by the largest design vehicle anticipated to use a site, whichever is greater, which will be verified with truck turning templates for all movements.

B. All radii specified herein must be increased if fire trucks or other emergency vehicles would have difficulty with ingress or egress as determined by the Township Fire Marshall. Any increase in radii shall be reviewed by the Township Traffic Engineer. The applicant is required to provide turning templates based on the largest firetruck or emergency vehicle utilized by the Township or by the largest design vehicle anticipated to use a site, whichever is greater, for all turning movements at an intersection.

7. Intersection Spacing. Proposed streets on opposite sides of or the same side as another existing and/or proposed street shall meet the minimum spacing measured from centerline to centerline as specified below based on the street with the higher classification:

Minimum Intersection Spacing
Higher Order Road Classification or Roads of Equal Classification	Spacing (feet)
Arterial	300
Collector	200
Local (minor) road	125

A. The spacing listed above shall be considered the minimum spacing. Where greater spacing is required in compliance with current AASHTO, PennDOT, or Montgomery County standards, the greater spacing distances shall be applied, as determined by the Township Engineer.

B. In any case where the centerlines of street intersections are, or would be, within 150 feet of each other for streets on opposite sides of an intersecting roadway, they shall be made to coincide by relocating the street within the applicant's land.

C. Offset T-intersections shall be laid out to discourage interlocking left-turn movements.

8. Vertical Curve Length. Vertical curve lengths shall be designed based upon the roadway design speed to meet the required sight distance criteria for vertical and sag curves based on acceptable criteria as outlined in PennDOTs Design Manual 2 (DM2) and/or AASHTO.

9. Horizontal Curve Radius. Horizontal curve radius shall be designed based on the roadway design speed criteria as outlined in PennDOT's Design Manual 2 (DM2) and/or AASHTO. Combinations with the minimum radius horizontal curve and the maximum grade will not be approved.

10. Auxiliary Turn Lanes: The need shall be based upon the latest lane warrant charts from PennDOT Publication 46 or as amended and, if warranted, the minimum storage area in accordance with PennDOT Publication 46 or as amended shall be provided.

§ 22-821 Sight Distance and Clear Sight Triangles.

[Added by Ord. No. 22-05, 5/5/2022]

The standards of this section regulate the sight distance evaluation, which is required in conjunction with all land development applications for proposed residential and nonresidential driveways intersecting existing and/or proposed residential streets, as well as the intersections of new residential and/or nonresidential streets with existing and/or proposed streets.

1. Applicability. A sight distance evaluation is required for all new driveway and local roads that create new intersections with existing streets for all land development applications. Additionally, where in the opinion of the Township's Traffic Engineer there are concerns regarding the ability of a proposed new driveway or street that intersects with another proposed new street to provide for safe sight distance, an evaluation of the sight distance may then be requested.

2. Purpose is as follows:

A. To permit reasonable access to private properties and guard the general public's right to safe and efficient travel along public roads by requiring sufficient sight distance at street and driveway intersections with public streets.

B. To identify safe and preferable locations for vehicular access using the driveway or approach regulations that permit access to public streets, while controlling the location, number and physical layout of access points.

C. To reduce the degree of interference on traffic flow and/or safety caused by a proliferation of driveway and/or street intersections by minimizing the total number of access locations.

D. To encourage subdivisions and land developments to use new local access roads for access rather than strip new lots and access driveways along higher classification roads.

E. To encourage or require, as appropriate, the use of a shared access point, paired driveways, or new local access streets for vehicular access to proposed lots and/or development.

F. To encourage the use of flexible lotting for visual benefits, preservation of natural features, and/or rural character where they may contribute to safe and efficient vehicular access.

G. To encourage planning for entire tracts, blocks and superblocks rather than piecemeal subdivision and/or development.

3. Minor Sight Distance Analysis. A minor access analysis shall be the minimum required for all subdivision and/or land development plans. The following information shall be shown and labeled on the applicant's subdivision and/or land development plan:

A. Provide a table that documents the posted speed limit and/or 85th percentile speed and approach grades that the minimum safe sight distance is based upon along with the source of the safe sight distance for all egress movements looking to the left or right from the new proposed driveway or intersection along with the safe sight distance for a left-turn ingress vehicle looking ahead and for a vehicle approaching from the rear. A driver eye height of 3.5 feet is to be used per PennDOT Form M950-S. For left-turning vehicles entering a driveway and/or intersecting road, the distance for a vehicle approaching from the rear is based on the location of the taillights of the vehicle and the height of the taillights as two feet. The table shall then document the existing available sight distance and any remedies necessary to achieve the minimum safe stopping sight distance.

B. Safe Stopping Sight Distance. For each existing or proposed driveway or street intersection, the applicant's plan shall identify the required and available safe stopping sight distance for the subject road in compliance with current PennDOT standards for driveways and local roads for new residential or nonresidential street intersections in accordance with Title 67 Chapter 441, as amended, the latest edition of the PennDOT Design Manual, or the latest edition of AASHTO's A Policy on Geometric Design of Highways and Streets.

C. Sight Distance Obstructions. The plan shall identify all obstructions that interfere with the required sight distance and label them as correctable (such as vegetation and obsolete, replaceable or moveable structures) or not correctable (such as road grades or curvature or structures to be retained). If items are not correctable, then the applicant must relocate the driveway or intersection to another location within the site frontage where safe sight distance can be achieved.

D. Review by Township Traffic Engineer. The Township Traffic Engineer shall review the submitted information in accord with current standards and accepted engineering principles as referenced in Subsection 3C.

E. Acceptable Sight Distance. If the available sight distance is acceptable or will be corrected by the applicant to be acceptable, then no further analysis is required. The applicant shall guarantee correction of obstructed sight distance as required by the Township Traffic Engineer and maintenance of required sight distance in a manner acceptable to the Board of Supervisors.

F. Unacceptable Sight Distance. If the available sight distance is unacceptable, the applicant shall be required to propose measures to provide acceptable sight distance or propose alternative access locations with acceptable sight distance.

G. Severely Limited Sight Distance. For any proposal where the Township Traffic Engineer determines that existing conditions severely limit sight distance, the applicant shall be required to conduct a major sight distance analysis.

4. Major Sight Distance Analysis. When required in accord with § 22-821, Subsection 3G, herein, the applicant shall conduct an on-site survey along the entire frontage of the subject property to identify the physical characteristics that impede sight distance and/or suitable vehicular access, and provide the following information concerning those characteristics on the submitted plans:

A. Horizontal Plan. The horizontal plan information may be shown on the subdivision and/or land development plan or on a separate horizontal plan and shall show the following at a scale not exceeding 50 feet to the inch:

(1) Legal and ultimate rights-of-way and centerline.

(2) Existing cartway and shoulder widths and conditions.

(3) Existing contours drawn at two-foot intervals.

(4) All existing natural and man-made features within the ultimate right-of-way on the subject property's side of the street.

(5) Existing natural and man-made features on the subject property, beyond the ultimate right-of-way, that may impede street or driveway access into the site, such as embankments, steep slopes, watercourses, floodplains, wetlands, vegetation, buildings, walls or other structures.

(6) Any other information needed to establish sight distances along the road frontage.

(7) Minimum safe stopping sight distance required by PennDOT standards for the road being accessed, regardless of road jurisdiction.

(8) Maximum sight distance available from each driveway or street intersection proposed.

B. Profiles. Profiles shall be drawn along the sight distance line at a horizontal scale not exceeding 50 feet to the inch, and vertical scale of two, four or five feet to the inch, whichever is most appropriate, to identify obstructions and limitations to sight distances:

(1) Road centerline, with road grades indicated, for left-turn ingress movements looking ahead or for a vehicle approaching from the rear.

(2) Ten feet from the edge of the existing or proposed cartway for new driveway intersections, 15 feet or at the location of the proposed stop bar, whichever is greater, from the existing or proposed cartway for new residential and/or nonresidential street intersections. The line of sight will then be drawn from these locations where a vehicle would be for exiting the driveway or new street to the location in the intersecting roadway where an approaching vehicle would be located. The distance from the centerline of the egress vehicle to the approaching vehicle as measured along the roadway must then meet the minimum safe sight distance requirements.

5. Adjustments to Existing Street and Driveway Intersections. When the minor or major sight distance analysis shows that the designs and/or locations of existing street and/or driveway intersections do not satisfy sight distance, spacing, or other safety-related considerations of this chapter, the applicant shall modify or relocate the existing intersections to comply with the standards herein.

6. Plan Approval. No plan that requires a major sight distance analysis shall be approved unless it satisfies the following:

A. Required Information. All information required for the major sight distance analysis shall be provided on the plans as verifiable graphic evidence and explanatory notes.

B. Acceptable Sight Distance. The existing and proposed street and/or driveway intersections shall provide at least the minimum required safe stopping sight distances.

C. Resolution of Other Issues. The applicant's plan shall otherwise resolve all sight distance and vehicular access issues identified by the Township Traffic Engineer's review of the major sight distance analysis in a manner consistent with the standards herein regarding intersection spacing, intersection design, and alignment of streets and driveways.

7. Clear Sight Distance Triangles.

A. Clear sight triangles shall be required to be maintained along all approaches to all street intersections, and all intersections of driveways with streets, in compliance with the standards herein.

B. Approach sight triangles shall be provided for all intersections with existing and/or proposed streets or driveways to ensure vehicles on the major street of intersecting streets are able to view the vehicle waiting to enter the traffic stream.

C. Within the area of clear sight triangles, obstructions to visibility shall not be permitted within the following ranges of height:

(1) For all streets, between 2 1/2 feet and 12 feet above the edge of paving.

(2) Any plant materials placed within clear sight triangles shall be properly maintained to continually comply with the height restrictions herein. If not properly maintained, the Township reserves the right to trim and/or remove the plant materials, upon due notice to the property owner. The property owner shall be responsible for reimbursing the Township for any costs associated with this type of maintenance activity.

(3) The following items may be permitted within a clear sight triangle based upon review and recommendation of the Township Traffic Engineer:

(a) One private sign or lamppost, provided that the post does not exceed one foot square or diameter, and that the sign or lamp itself is above the top height limitation.

(b) One shade tree, provided that, as the tree matures, its lower branches will be removed within the restricted height ranges and the diameter of the trunk does not exceed 12 inches.

(c) Existing shade trees, provided that the lower branches are removed within the restricted height ranges and that the size, number and arrangement does not impede adequate visibility. The Board of Supervisors may require removal of one or more trees as necessary to provide adequate visibility.

(d) Where street or driveway grades drop off from an intersection, the Township Traffic Engineer may modify these requirements as necessary to improve visibility at the intersection.

D. Clear sight triangles shall be measured in each direction along street centerlines, from their point of intersection in accordance with Figure 2 for the major street and 20 feet back from the edge of the travel lane or edge of road along the minor street or nonresidential driveway, whichever distance is greater. These standards shall also apply to all nonresidential driveways that are anticipated to carry over 10 trips per day. The sight distance along the main roadway shall be based upon the latest PennDOT Design Manual or latest edition of AASHTO's A Policy on Geometric Design of Highways and Streets.

E. Clear sight triangles shall be measured in each direction along street centerlines, from their point of intersection in accordance with Figure 2 for the major street and 10 feet back from the edge of the travel lane or edge of road along the residential driveway, whichever distance is greater. These standards shall also apply to all nonresidential driveways that are anticipated to carry 10 or less trips per day. The minimum safe sight distances, referenced in the current the PennDOT standards from Title 67, Chapter 441, or as amended, shall apply for residential driveways.

Figure 2

§ 22-822 Traffic Impact Studies.

[Ord. 3/29/1990B, § 818; as amended by Ord. 07-02, 3/26/2007, § 4; and by Ord. No. 22-05, 5/5/2022]

1. Applicability. A traffic impact study shall be required, as established by this section, for all preliminary subdivision and land development applications under the Subdivision and Land Development Ordinance when the land development is projected to generate 200 new ADT (average daily trips), or 20 or more new peak hour trips, as established in the most recent edition of the Institute of Transportation Engineers (ITE) publication, Trip Generation Manual.

A. Separate applicability standards are established, as applicable, in the Township Zoning Ordinance[1] related to conditional uses, special exceptions, or any other request for rezoning.

[1] Editor's Note: See Ch. 27, Zoning.

B. The requirements of this section may be modified by the Board of Supervisors, or the Zoning Hearing Board if applicable, upon coordination with the Township Traffic Engineer when specific requirements are determined not to be applicable to the preliminary subdivision or land development application.

2. Study Waiver. The Board of Supervisors may waive the requirements of a traffic impact study and require the applicant to contribute to the Township a sum equal to the cost of a study as determined by the Township to be used for general Township traffic needs.

3. Joint Studies. When two or more developments are located in the same general area, the Board of Supervisors, at its discretion, may require the applicant to prepare a joint study or request a fee in lieu of an individual study, so the Township can then sponsor a joint traffic study. The cost of the joint study shall be shared among the applicants, and the study would include a fair-share cost estimate of any recommended off-site roadway and/or intersection improvements, as well as an assessment of each development's access(es).

4. Preparation and Review. The traffic study shall be conducted under the supervision of a professional engineer currently registered in the State of Pennsylvania, preferably one possessing a professional traffic operations engineer certificate, as all studies must be signed and sealed. The developer shall reimburse the Township for reasonable fees and expenses incurred by the Township Traffic Engineer for the review of the developer's traffic impact study and plans.

5. Time of Submission. The traffic impact study shall be submitted to the Township and Township Traffic Engineer as part of the preliminary subdivision and land development application. The submission of the preliminary plan application shall be deemed incomplete if the required traffic impact study is not included in the submission.

6. Purpose. A traffic impact study shall enable the Township to assess the likely traffic impact of a proposed development on the various components of the transportation system. The requirements of this section are separate from, but function in parallel with, the Township's adopted Act 209 (Transportation Impact Fee) Ordinance and Transportation Capital Improvement Program. The study shall: (1) address the safe and efficient circulation of both vehicles and pedestrians on the site; (2) identify the impacts of development traffic at the site's accesses to public roads within the Township and provide appropriate mitigation for safe and efficient movement of vehicles and pedestrians thereof; and (3) identify the development's impact on the surrounding roadway network for the purposes of establishing the basis of its transportation impact fee for mitigation of its impacts, or in lieu of the fee, making the necessary improvements thereof, which shall be at the discretion of the Board of Supervisors.

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

ACT 209 TRANSPORTATION IMPACT FEE ORDINANCE TERMS

This Part 8 has requirements separate from, but related to, the requirements of this section. This section, as appropriate, references specific elements of the adopted Act 209 ordinance, as follows:

A. TRANSPORTATION SERVICE AREA(S) Geographically defined portions of the Township, not exceeding seven square miles in area.

B. TRANSPORTATION IMPACT FEE(S) The current adopted fee(s) imposed by the Township in each Transportation Service Area, based upon new trips generated by the development during the weekday afternoon peak hour, to fund transportation capital improvements necessitated by, and attributable to, new development, which are specifically identified in the Township's Transportation Capital Improvement Plan.

C. LAND USE ASSUMPTIONS REPORT The current adopted development plan for the Transportation Service Area(s) which forms the basis of the transportation impact fee(s).

D. TRANSPORTATION CAPITAL IMPROVEMENT PLAN The current adopted transportation capital improvement program of the Township, containing both future nondevelopment and development capital improvements identified in the Township's Roadway Sufficiency Analysis Report.

LEVELS OF SERVICE

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

MAJOR INTERSECTIONS

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

MAJOR ROADWAYS

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

NEW TRIPS

Two-way trips added to the roadway network surrounding the site. New trips are calculated as total trips generated by the development net of pass-by trips (i.e., trips already on the roadway network) to/from the development.

QUEUE ANALYSIS

An analysis that identifies the maximum stacking of vehicles in each traffic lane, measured in feet. The analysis shall utilize a methodology acceptable to the Township and/or the Pennsylvania Department of Transportation and Montgomery County Roads and Bridges.

STUDY AREA

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

TRIP GENERATION

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

VOLUME/CAPACITY ANALYSIS

An analysis that compares the volume of a traffic facility to its capacity. The methodology for the analysis shall adhere to the most recent edition of the Highway Capacity Manual, or other methodology acceptable to the Township, as well as the Pennsylvania Department of Transportation (PennDOT) and Montgomery County Roads and Bridges when intersections with their roadways are included in the study.

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

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

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

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

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

9. Voluntary Traffic Impact Study. At any time, an applicant for a proposed development may prepare and submit a traffic study to (1) substantiate its opinion that the development's trip generation is different than that established by the Township for purposes of determining the development's Transportation Impact Fee, in accordance with its adopted Act 209 Ordinance; or to (2) justify allocation of its impact fee to specific projects contained in the Township's adopted Capital Improvement Plan, or to otherwise implement transportation capital improvements not contained in the adopted Capital Improvement Plan. Please note that the approval by the Board of Supervisors is required for the use of any impact fees used for projects not indentified in the adopted Capital Improvement Plan.

10. PennDOT and/or Montgomery County Roads and Bridges Traffic Impact Study Requirements. Nothing in this section relieves the applicant for a development which will access a state highway within the Township to comply with the Department's Policies and Procedures for Transportation Impact Studies or for access along a county highway from the requirements of Montgomery County Roads and Bridges. The Township urges the applicant to coordinate its scope of any traffic study required by the Township, PennDOT, and Montgomery County Roads and Bridges so that the study can be concurrently submitted for review.

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

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

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

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

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

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

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

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

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

(7) A complete description of the pedestrian environment both internal to the site, as well as possible connections to the existing systems shall be documented. In addition, linkage to existing bicycle facilities shall also be documented.

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

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

(1) Existing peak hour turning movement traffic volumes shall include passenger vehicles, heavy vehicles, pedestrian and bicycle count data at all study area intersections and shall encompass both the peak commuter highway and development specific peak hours of generation, if different from the commuter peak highway hours. The time periods for the counts, as well as day of the week, shall be scoped with the Township prior to conducting the counts. Daily traffic volumes on the major study roadways shall be documented in the report and should include vehicle classification and travel speed data. The report shall provide figures illustrating the peak hour turning movement traffic volumes, and documentation regarding all traffic counts, as well as any adjustments to the counts due to seasonal variations or balancing between intersections. The use of any traffic count data greater than two years of age based upon the date of the submission of the traffic impact study to the Township shall be prohibited without prior approval by the Township Traffic Engineer. All assumptions to expand older count data to the current year shall be provided including regional traffic growth rates and inclusion of area development traffic that has since been constructed.

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

(3) A summarization of the most recent crash data for a minimum of three full calendar years within the study area shall be provided for the study area intersections and along the site frontage, where access intersections are proposed. Because of confidentiality and liability issues related to the crash analysis, this information must be provided in a separate letter report and should not be referenced or included in the traffic impact study.

D. Future Conditions without the Proposed Development. An evaluation of the anticipated future traffic volumes, and the ability of the roadway network to accommodate area traffic without the proposed development, shall be provided for the approved study area roadways and intersections. The total future traffic shall be calculated and consist of the existing traffic expanded to the greater of the following: a three-year traffic data projection beyond the existing year when the counts were conducted or the year of the anticipated full build-out of the proposed development. If phasing is planned, then an analysis of all phases must also be provided to determine the appropriate level of mitigation for each phase. This evaluation shall include the following:

(1) Peak hour traffic volumes shall be projected for the full build-out year or phased years(s) based on traffic growth information compiled by PennDOT, DVPRC, or the County for the Township. Projected traffic volumes shall also include anticipated traffic growth associated with other significant area proposed developments which will be completed, or partially completed, by the design year(s), or developments under construction. All assumptions and methodologies utilized to forecast the future traffic volumes shall be clearly documented. Figures shall be provided in the report illustrating the peak hour turning movement traffic volumes for this future condition, and trip generation, distribution, and assignment assumptions shall be provided as well for all other development projects.

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

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

E. Development Trip Generation. Estimates of vehicle trips generated by the proposed development shall be completed for the design year(s) peak highway and development specific peak generation hours, and on a daily basis. A table shall be provided which clearly identifies total trips and total new trips. Pass-by trip and internalization assumptions, as applicable, should be clearly identified and discussed in the study including the reference source and any corresponding calculations. Current versions of ITE's Trip Generation Manual and/or Trip Generation Handbook should be utilized to determine the total trip generation for the site, as well as any internal or pass-by trip reductions. Trip generation estimates based upon alternative sources (e.g., local counts of similar uses) should be clearly documented, including reasons for their use versus use of ITE published data. It is recommended that local trip generation data be submitted for review by the Township in advance of utilizing it within any study.

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

G. Future Conditions with the Proposed Development and No Improvements. In order to access the magnitude of the proposed development's impact on the off-site study area intersections and roadways, as well as the site access(es), an analysis shall be completed for the design year(s) with development of the site and no improvements.

(1) Daily and peak hour traffic volumes shall be projected for the full build-out year(s). Projected traffic volumes shall be calculated by adding the assigned development trip generation to the future traffic volumes with development on the study roadway and intersection network, including the site access(es). Figures shall be provided in the report illustrating the resultant peak hour traffic volumes with the proposed development with proposed improvements, including all turning movements.

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

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

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

(5) A lane warrant evaluation shall be completed for all proposed accesses to determine if separate left- and/or right-turn lanes are warranted, which shall be based upon the requirements of the latest PennDOT Publication 46 or as amended. If a lane is warranted, the length is to follow PennDOT Publication 46 recommendation for storage length with a minimum seventy-five- to ten-foot bay taper and appropriate transitional area following the latest PennDOT Design Manual criteria, as amended.

H. Mitigation Criteria. Based on the results of the future conditions with the proposed development and no improvements, the need for mitigation improvements will then be evaluated further based upon the following criteria:

(1) Intersections and/or Roadways Involving State Highways. At all state highways and intersections involving state highways, the need for mitigation will be based on PennDOT's criteria as contained in their Policies and Procedures for Transportation Impact Studies and shall follow PennDOT's mitigation policy. For all county highways and intersections involving county highways, Montgomery County Roads and Bridges criteria is to be used.

(2) Township-Maintained Intersections and/or Roadways. Improvements at study area intersections and/or roadways, other than the proposed site access(es), shall be presented for future with-development traffic volumes as noted below:

(a) If the future without-development conditions function at LOS D or better overall and on all individual lane groups, then the future with development conditions shall be mitigated to operate at level-of-service D or better overall and on lane groups.

(b) If future without-development conditions function at level-of-service E overall or on any individual lane groups, then improvements shall be identified such that future with-development level-of-service conditions will be no worse than the without-development level-of-service E.

(c) If future without-development level-of-service conditions are F, future with-development level-of-service F conditions shall have no greater volume/capacity ratios and delays than future without-development conditions.

(d) If the existing storage lengths or spacing between intersections is inadequate to accommodate the anticipated vehicular queue with development of the site, then appropriate mitigation measures shall be provided, which would include the extension of existing storage areas for separate left- and/or right-turning lanes or the provision of new lanes. The design of separate left- and/or right-turn lanes shall follow the latest PennDOT Publication 46 requirements, as amended.

I. Proposed Improvements. A description of improvements proposed to remedy and otherwise mitigate traffic deficiencies and traffic impacts, as established by the analyses, shall be provided as follows:

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

(2) All design recommendations shall be consistent with the design requirements of New Hanover Township and/or the guidelines of PennDOT and/or Montgomery County Roads and Bridges, as appropriate, including the following:

(a) Available safe stopping sight distance measurements shall be performed for each access, and recommendations shall be provided for any access location that does not provide sufficient sight distance in accordance with the applicable requirements, which may include relocation of the proposed access, specific traffic controls, provision of separate turn lanes, roadway geometric improvements, or turning restrictions. Please refer to § 22-821 for further details regarding these requirements;

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

(c) All access points and pedestrian crossings shall be examined as to the need for, and feasibility of, installing traffic signals or other traffic control devices, pursuant to the guidelines and traffic signal warrants of PennDOT. Additionally, for pedestrian crossings at locations where traffic does not stop or a traffic control signal is not being installed, the applicant shall complete a mid-block pedestrian crossing study following PennDOT Publication 46 requirements for "Unsignalized Mid-Block Crosswalks" or as amended;

(d) Design recommendations on study roadways and at other study intersections shall incorporate the comparable Township, PennDOT, and/or Montgomery County Roads and Bridges design guidelines as Subsection 11I(2)(a) through (c) addresses for the site access(es).

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

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

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

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

§ 22-823 Street Trees.

[Ord. 3/29/1990B, § 819; as amended by Ord. 99-3, 6/23/1999, §§ 12, 13; by Ord. 06-01, 2/13/2006, § 5; by Ord. 17-03, 3/27/2017; by Ord. No. 22-05, 5/5/2022; by Ord. No. 24-02, 4/4/2024]

1. Street trees shall be required along:

A. Both sides of all existing streets when they abut or lie within the proposed subdivision or land development, except where existing trees serve to meet the planting requirement.

B. Both sides of all proposed streets, whether public or private.

C. Both sides of access driveways that serve five or more residential dwelling units.

D. Both sides of access driveways that serve two or more nonresidential properties or uses.

E. Major walkways through parking lots and between nonresidential buildings, as recommended by the Board of Supervisors.

2. The street tree requirement may be waived by the governing body to maintain scenic views of open space, farmland, hedgerows, natural features, or other valued features.

3. The minimum soil volume, as specified in § 22-825, Subsection 3, shall be provided for each tree. Alternative methods can be utilized to meet minimum soil volumes, as noted in § 22-825, Subsection C3.

4. Street trees shall be located within a seven-foot-wide verge. However, in certain cases, as follows, the governing body may permit trees to be planted outside of the verge:

A. Where there are existing street trees that follow an existing pattern outside of the verge and the pattern is desired to be maintained by the Board of Supervisors, new street trees may be planted to fit the existing pattern. However, in no case shall street trees be planted further than seven feet from the existing closest edge of the sidewalk or edge of cartway (if no sidewalk is present).

5. Tree species shall be selected based on appropriate growth rates and mature heights for use adjacent to overhead utility lines.

A. Species for street trees shall be selected with particular emphasis on hardiness, minimal need for maintenance and compatibility with other features of the site and surrounding environment.

B. Use of native species is encouraged.

6. Street trees shall be planted by the applicant to avoid conflicts with the right-of-way functions and with sight distance, while still permitting clear orientation of the trees to the street. At intersections, trees shall be located no closer than 30 feet from the intersection of the street rights-of-way. Refer to § 22-821.

7. Trees shall be planted at a rate of at least one tree per 35 feet of street frontage or fraction thereof. Trees shall be distributed along the entire length of the public or private street frontage, access driveway, or walkway, although they need not be evenly spaced.

A. Trees shall comply with the requirements of § 22-823, herein. The use of tree species selected from Table 22-8-3, Plant Materials List, is required.

§ 22-824 General Landscape Design Criteria.

[Added by Ord. No. 22-05, 5/5/2022]

The following design criteria and specifications shall apply to all plants and landscaping provided in subdivisions and land developments regulated by this chapter.

1. Plantings shall be placed in arrangements and locations to best mitigate the adverse impacts of the proposed site development. The required plant material shall be distributed over the entire length and width of any required buffer area.

2. Plantings shall be spaced to comply with visual mitigation requirements with consideration given to the provision for the future growth habits and mature sizes of selected plant species.

A. The locations, dimensions and spacing of required plantings shall be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements, such as moisture and sunlight.

B. Plantings shall be limited or carefully selected for locations where they may be disbursed or contribute to conditions hazardous to the public's safety. Such locations include but shall not be limited to the edges of parking areas, public street rights-of-way, underground and aboveground utilities and sight triangle areas required for unobstructed views at street intersections.

C. Planting locations shall consider underground utilities and the need for repairing these utilities, together with the presence of overhead wires. No trees shall be planted closer than 15 feet from fire hydrants, streetlights or stop signs.

3. Plant species selection shall be based on the following considerations:

A. Existing site conditions and their suitability for the selected plants based on the site's soils, hydrology and microclimate.

B. Specific functional objectives of the plantings which may include but not be limited to visual screening, noise abatement, energy conservation, wildlife habitat, erosion control, stormwater management, and aesthetic value.

C. Maintenance and replacement considerations such as hardiness, resistance to insects and disease, longevity, availability, growth characteristics and cost of plant materials.

D. A minimum variety of tree species is required as follows:

Number of Trees	Minimum Number of Tree Species	Maximum Percentage of Any One Species
0 to 5	1	100%
6 to 15	3	50%
16 to 30	4	40%
31 to 50	6	30%
51 to 100	8	20%
100+	12	10%

4. Existing healthy trees, shrubs, or woodlands may be substituted for part or all of the required plant material at the discretion of the Board of Supervisors. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer. In order for existing vegetation to qualify for required buffer plantings, proof must be provided to demonstrate that adequate protection measures, particularly in the plant's root zone, are incorporated into the plan.

5. Planting plans shall be required; such plans shall be prepared by a landscape architect registered by the Commonwealth of Pennsylvania to engage in the practice of landscape architecture. Planting plans shall include a planting schedule which summarizes the quantity, type, size and root conditions of all plantings. A compliance chart shall also be included, which demonstrates compliance with all of the requirements of this article and any applicable chapters.

6. Plant materials shall meet the specifications of § 22-825.

§ 22-825 Plant Material Specifications.

[Added by Ord. No. 22-05, 5/5/2022]

1. General Requirements.

A. Tree species shall be selected from Table 22-8-3.

B. The location of all plantings and selection of all species shall conform to § 22-824.

2. Plant Specifications.

A. All plants shall meet the minimum standards for health, form, and root condition and plantings shall conform to the standards of the publication American Standard for Nursery Stock, ANSI Z60.1, 2014 or later of the American Association of Nurserymen, as amended.

B. All plant material shall be hardy and within the USDA hardiness zone applicable to Montgomery County, Pennsylvania at the time of development. All plant material used on the site shall have been grown within the same USDA hardiness zone as the site and shall be nursery grown.

C. Minimum plant size and spacing at time of planting shall meet Table 1, below.

Table 1. Minimum Plant Size and Spacing Requirement
Plant Type	Minimum Caliper at Time of Planting (inches)	Minimum Height at Time of Planting	Minimum Spacing at Time of Planting (feet)
Understory/flowering tree	2 to 2.5	12 to 14 feet (multistem)	15 to 20
Medium canopy tree	2 to 2.5	12 to 14 feet (multistem)	20 to 25
Large canopy tree	2 to 2.5	-	30 to 40
Large shrub	-	36 inches	**
Small shrub	-	18 to 24 inches*	**
Evergreen tree	-	8 feet	**

NOTES:
*	Excludes groundcover shrubs which can be shorter.
**	Dependent on estimated mature width.

D. Understory or ornamental trees or large shrubs may be deciduous or evergreen and shall have a distinctive ornamental characteristic such as prominent flowers, fruit, habitat, foliage, or bark.

E. Small shrubs may be evergreen or deciduous.

3. Minimum Soil Volumes. The registered landscape architect shall provide details on the site plan that show a longitudinal section and depth of planting areas 1,000 square feet and under in area demonstrating compliance with minimum soil volume standards.

A. The following minimum soil volume per tree shall apply when such plant is proposed in any planting areas 1,000 square feet and under in area:

(1) Small canopy or evergreen tree: 600 cubic feet.

(2) Medium canopy tree: 900 cubic feet.

(3) Large canopy tree: 1,200 cubic feet.

B. Planting Soil Composition. Planting soils shall be a loam soil capable of supporting a healthy vegetative cover, which is amended with composted organic material, such as mushroom compost or leaf mulch, resulting in an organic amended soil containing 20% to 30% organic material (compost), and 70% to 80% topsoil screened of rocks, sod, and debris. The minimum depth of the planting soil shall be 30 to 36 inches depending on the size of the individual planting. A soil improvement detail and notes, including the removal of all construction debris and existing compacted soil and the proposed soil improvement mix, should be provided with the landscape plan. Ensure trunk flare sits above finished grade; compact soil below root ball as necessary.

C. Alternative Methods. The alternative methods are for limited street planting areas, where required soil volumes are unattainable without implementing these methods. If the minimum soil volumes cannot be achieved, as determined by the Township Engineer, the following alternative options may be utilized:

(1) Structural Soil Composition (Figure 3). Structural soil shall be a mix of 80% AASHTO No. 57 stone and 20% loam soils. Such soil may be used to supplement planting soil volume, provided it satisfies all of the following conditions:

(a) Structural soils shall be used under impervious paving where the tree planting area is surrounded by paving for the purpose of expanding the soil volume to meet minimum soil volumes specified § 22-825, Subsection 3A, above.

(b) Structural soils shall be entirely below pavement areas and shall not be exposed at the surface.

(c) Structural soils are located adjacent to planting soils.

Figure 3: Structured Soil Composition

(2) Suspended Pavements System (Figure 4). A tree/pavement support system may be utilized that supports the weight of the pavement and improves the urban tree health. The support structure, as well as a pervious flexible pavement, creates a void space for increased tree root/soil volume. The space shall be filled with a combination of structural soils and native excavated soil, provided that it's quality material, or a specified soil mix.

Figure 4: Suspended Pavements System

(3) Shared Root Zone Areas or Linear Tree Planting (Figure 5). The system should allow the root systems of adjacent trees to join and share soil space where available. Structural soils shall be utilized beneath the sidewalk or hardscape, as noted above. The following minimum soil volume per tree shall apply when such plants are shared any planting areas.

(a) Medium canopy tree: 750 cubic feet when clustered.

(b) Large canopy tree: 900 cubic feet when clustered.

Figure 5: Shared Root Zone Areas or Linear Tree Planting

4. Maintenance.

A. Safety. All sight triangles shall remain clear, and any plant materials that could endanger safety such as unstable limbs shall be removed and the plant materials shall be replaced if necessary. It shall be the responsibility of all property owners to maintain all plantings and architectural elements to ensure a safe environment.

B. Maintenance guidelines for all plantings should be developed by the planting plan designer to be used by grounds maintenance personnel.

§ 22-826 Parking Greening and Landscaping Standards.

[Added by Ord. No. 22-05, 5/5/2022]

1. Intent. The intent of this section is as follows:

A. Promote and induce well-designed and sustainable parking lot design and retrofit designs which produce environmental benefits.

B. Incorporate appropriate native plants into the suburban environment to promote greater landscape resiliency, to create healthy ecosystems, and to enhance natural environments of the Township.

C. Integrate stormwater management and landscape design by the use of plants to promote detention, treatment, infiltration and groundwater recharge of rainwater.

D. Shade paved surfaces to mitigate the urban heat island effect by planting large canopy trees with effective green space and using paving surfaces which minimize heat absorption.

E. Improve the performance of existing parking lots in an equitable manner when a redevelopment or retrofit is proposed.

F. Provide effective landscape buffers for visual screening and noise abatement of vehicular uses and parking, while enhancing the wildlife habitat provided by trees and natural landscape.

2. Applicability. Unless otherwise expressly stated, the interior landscape and buffer requirements of this section shall apply to any of the following:

A. The construction or installation of new vehicular use areas;

B. The expansion of existing vehicular use areas, if such repair, rehabilitation, or expansion would increase the area of the vehicular use area by more than 20% or by 10 spaces, whichever is greater;

C. The existing vehicular use areas which are accessory to an existing principal building, when such building or any portion thereof is expanded or enlarged, provided that the gross floor area/building footprint/area is increased by at least one of the following amounts:

(1) 25% of the existing building footprint; or

(2) Eight thousand square feet of new floor area/building footprint/building area.

D. The excavation, rehabilitation or in-place reconstruction of existing vehicular use areas if such work involves the full depth pavement removal of:

(1) 25% or more of a vehicular use area of over 10,000 square feet;

(2) 50% or more of a vehicular use area of no greater than 10,000 square feet.

3. Interior Landscaping Area Standards. The following landscaping requirements are intended to promote shading and healthy, vigorous growth of larger shade trees, shrubs, and ground covers, as well as to create generous physical space to accommodate rain gardens or depressed absorbent areas for stormwater infiltration and detention within the parking lot. The internal parking lot landscaping shall be provided according to the following standards:

A. Minimum Interior Landscaping area Requirements. The minimum required interior landscaping area of parking areas shall be a percentage of the total vehicle use area (VUA) on a lot, as indicated in the requirements of Figure 6 below. By way of example only, and not limitation, a proposed VUA of 20,000 square feet requires a minimum interior landscaping area equivalent to 8% of the VUA, which is 1,600 square feet.

B. Interior landscaping areas shall be composed of planting islands and planting strips, with planting areas within them. The sum of the surface areas which are pervious and composed of planting soil with the required depth and composition as required in this chapter shall constitute the interior landscaping area.

C. The minimum ground coverage and canopy coverage of planting material, as determined by the design canopy/ground coverage of the plant species proposed, shall by 85% of the designated interior landscaping area.

D. The applicant shall provide the number and locations of planting areas, planting islands and planting strips, to satisfy the requirements of this section.

E. The applicant shall also propose the number and species of plant materials to satisfy the requirements of this section above, provided that a minimum of one shade or canopy tree is provided in a planting island or planting strip for each 300 square feet of interior landscape areas provided or fraction thereof. Such shade or canopy trees shall be distributed throughout the parking lot to ensure well-distributed canopy coverage of the vehicular use areas.

Figure 6: Interior Landscaping Requirements as Percentage of Vehicular Use Area
Vehicular Use Area (VUA22) (square feet)	Percentage of VUA Required as Interior Landscaping Area
0 to 4,999	-0-
5,000 to 14,999	6%
15,000 to 49,999	8%
50,000 to 99,999	10%
100,000 to 149,999	13%
Greater than or equal to 150,000	15%

F. Parking lots with VUAs less than 5,000 square feet are exempt from interior landscape area requirements, However, the perimeter landscape and buffer landscape requirements of Subsection 3E and F above shall apply. If additional spaces or areas are added at a later date so that the lot is greater than 5,000 square feet, then the percentage of interior planting area required shall be calculated for all vehicular use areas on the site. Plantings shall be distributed throughout the entire interior where applicable in parking lot additions.

4. Perimeter Landscape Buffer Requirements. For vehicular use areas of any size which are located in the side or rear yard of a property, or otherwise abut an adjacent property where no right-of-way intervenes, a twenty-five-foot minimum landscape buffer satisfying the requirements of § 22-835 shall be provided.

5. Street and Sidewalk Buffer Requirements. For vehicular use areas of any size abutting a public or private street or sidewalk right-of-way, the applicant shall provide buffers that satisfy the requirements of § 22-835.

6. Parking Landscaping Design Standards. The following standards shall apply to all planting areas, planting and tree islands, planting strips, and nonvehicular paved areas provided to satisfy the requirements of this section.

A. Any contiguous paved and curbed area greater than 50 square feet raised above and separated from the vehicular use areas shall be provided with a planting area, which shall meet the requirements of Subsection 6B, below.

B. Planting Areas.

(1) When planting areas are provided within interior parking lot landscaping, including planting strips or planting islands, they shall have curbs, wheel stops, or bollards for protection to prevent erosion or automobile damage.

(2) To the greatest extent feasible, rainwater should be directed to the planting areas with curb cuts or inlets.

(3) Minimum required planting soil depth: 30 inches.

(4) Minimum required soil volume. For each proposed shade or canopy tree proposed within a planting area, the minimum soil volume required in § 22-825, Subsection 3, shall be provided.

(5) Planting Soil Composition. Planting soils shall be a loam soil capable of supporting a healthy vegetative cover, which are amended with a composted organic material such as mushroom compost or leaf mulch, resulting in an organic amended soil containing 20% to 30% organic material (compost), and 70% to 80% topsoil screened of rocks, sod and debris. Planting soil shall be at least four inches deeper than the lowest elevation of the largest root ball. A soil improvement detail and notes, including the removal of all construction debris and existing compacted soil and the proposed soil improvement mix, should be provided with the landscape plan.

(6) Structural soil composition.

(a) Structural soils shall be entirely below pavement areas.

(b) Structural soils shall not be exposed at the surface directly above.

(c) Structural soils are located adjacent to planting soils.

(7) At least 25% but no more than 50% of the plant materials shall be evergreen.

C. Planting Islands.

(1) Planting islands shall be placed so as to provide safe movement of traffic without interference with proper surface water drainage.

(2) All parking rows must be terminated by a parking lot island or landscape areas, provided that, in such cases when accessible parking and gore areas are provided at the end of a row, planting islands shall be accommodated elsewhere along the row in close proximity to the row end.

(3) Minimum required planting area: 324 square feet. Parking lots containing only single-loaded parking aisles (parking spaces on only one side of a drive aisle) are permitted planting areas of no less than 162 square feet.

(4) Minimum width of planting island: eight feet, measured from the inside of the curbs.

(5) Notwithstanding the presence of proposed trees, planting islands require a minimum of 85% ground coverage of the plant species proposed.

(6) Plants shall be selected or pruned to limit the height of vegetation to two feet at the ends of a planting island at which vehicles turn corners, in order to preserve the line of sight. Trees may be planted in these areas, provided that branches are limbed up to preserve the line of sight.

D. Planting Strips.

(1) Minimum planting strip: nine feet.

(2) For large parking lots with at least 100 spaces, planting strips are required.

§ 22-827 Street Signs and Pavement Markings.

[Ord. 3/29/1990B, § 820; as amended by Ord. No. 22-05, 5/5/2022]

1. All traffic control signs, street signs, and pavement markings shall be in compliance with the requirements of the latest edition of the Manual of Uniform Traffic Control Devices and/or PennDOT Publication 236 Handbook of Approved Signs.

A. The developer shall place all necessary traffic control or safety signs as required by the Township.

B. A separate pavement marking and signage plan shall be provided with all land development plans.

2. The developer shall erect at every street intersection a street sign or street signs having thereon the name of the intersecting streets. At intersections where streets cross, there shall be at least two such street signs, and at an intersection where one street ends or joins with another street, there shall be at least one such street sign.

A. Street signs are to be erected upon installation of the binder course or upon issuance of the first building permit, whichever occurs first. Temporary street signs may be erected on the approval of the Township but shall be made permanent before final offer for the dedication of roads is made.

B. The signs shall be located in a manner making them visible at all times with a minimum of effort by both pedestrian and vehicular traffic and as close to the side of the cartway or curb as practical, but no part of the name plate shall be permitted to overhang any part of the cartway or curb.

C. Street name plates, standards, installation and locations shall be subject to the approval and inspection of the Township Engineer(s).

3. The installation of all traffic control signs, equipment or devices, required within the subdivision or land development and along the frontage, shall be shown on the plan, approved by the Township Traffic Engineer, Pennsylvania Department of Transportation, and/or Montgomery County Roads and Bridges, where required, and installed at the cost of the developer.

§ 22-828 Sidewalks, Verges, and Shared-Use Paths.

[Ord. 3/29/1990B, § 821; as amended by Ord. 12-03, 6/19/2012, § 12; by Ord. 12-05, 10/8/2012, § 12; by Ord. No. 22-05, 5/5/2022; by Ord. No. 24-02, 4/4/2024]

1. General.

A. Sidewalks and verges shall be required on both sides of the street within the ultimate right-of-way.

B. Sidewalks shall be provided along both sides of existing and new streets in all zoning districts.

C. Shared-use paths shall be provided within all proposed subdivisions and/or land developments.

2. Design and layout.

A. In addition to the sidewalks required by § 22-828, Subsection 1, above, sidewalks and verges shall also be provided in appropriate locations to provide safe and efficient pedestrian access between parking areas, buildings, and other pedestrian destinations.

B. A verge shall exist between the curbline or edge of cartway and the sidewalk, according to the following standards:

(1) Verges between sidewalks and the curbs may contain streetlights, trees, benches, trash cans, mailboxes, or newspaper boxes. No obstacle in the verge may reduce the required sidewalk width for use by pedestrian traffic.

(2) The verge shall be maintained as a grass strip between the sidewalk and the curb.

(3) The width of the verge shall be seven feet, unless otherwise directed by the Board of Supervisors, following a recommendation from the Township Planning Commission and Township Engineer.

C. The Board of Supervisors may require additional sidewalk width in areas where higher volumes of pedestrian traffic are anticipated. In no case shall sidewalk width be less than five feet.

D. All sidewalk widths are exclusive of any obstacle. Sidewalk areas comprised of streetlights, trees, benches, doors, trash cans, mailboxes, newspaper boxes, telephone poles, or similar features may not be counted towards meeting the minimum width.

E. Additional sidewalks or paved trails shall be required where deemed necessary by the Board of Supervisors to provide access to schools, religious institutions, parks, community facilities, trails, and commercial or employment centers, and to provide necessary pedestrian circulation within land developments and/or subdivisions where otherwise required sidewalks would not be sufficient for public safety and convenience.

F. The grades and paving of the sidewalk shall be continuous across driveways, except in nonresidential and performance standard developments and in certain other cases, as required by the Board of Supervisors, where heavy traffic volume dictates special treatment. The grade alignment of all sidewalks shall be approved by the Township Engineer.

G. Conflicts arising from the placement of street trees, utilities, and verges should be discussed with the Township Planning Commission and Township Engineer to determine appropriate placement and alignment.

H. Proposed sidewalks shall maintain the pattern, material, and style of Township's sidewalk network. Where proposed sidewalks meet existing sidewalks which have a different width, a tapered transition shall be constructed.

I. At corners and pedestrian street-crossing points, sidewalks shall be extended to the curbline with an adequate apron area for anticipated pedestrian traffic.

J. Where pedestrian crosswalks and/or shared-use paths cross any existing and/or proposed street at mid-block locations where conflicting traffic does not cross, the applicant shall provide the Township with a mid-block pedestrian study in accordance with the latest PennDOT Publication 46 requirements to ensure adequate sight distance and safety of the crossing. The use of advance and warning signs at the crosswalk, pavement markings, curb bulb-outs, and other traffic control devices shall be installed if recommended by the Township Traffic Engineer.

K. In addition to the preceding requirements, all sidewalks and/or shared-use paths shall provide for adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs at all pedestrian crosswalks and across all driveways for ADA compliant driveway aprons. These facilities shall be constructed in accordance with current ADA requirements based upon PennDOT RC-67M Curb Ramps and Sidewalks Construction Details, as amended. The following items are then required at a minimum in conjunction with all land development plans:

(1) Detailed design plans in accordance with current PennDOT requirements.

(2) Completion of the latest CS-4401 forms along with identification of any noncompliant elements.

(3) For noncompliant components, the applicant shall be required to provide a "technically infeasible" form documenting alternative designs that were attempted and why the proposed noncompliant design represents the minimum deviation. The applicant shall be required to provide these forms for review and approval by the Township Engineer and the forms will be kept on file at the Township.

(4) As-built plans are required for all ramps upon completion of construction to ensure compliance with all ADA-compliant ramp components based upon the design documents noted above. If any ramp components are found to be noncompliant, and a "technically infeasible" form was not approved during the land development plan review process, then the applicant shall be required to reconstruct the ramp at their cost to be compliant as per the approved plans.

3. Shared-Use Paths. The following standards shall apply to shared-use paths.

A. Shared-use paths shall be installed along proposed public and private streets, common driveways, common parking areas, open space corridors and trail easements as needed to connect the proposed development with the Township's community bicycle and pedestrian network, as shown in New Hanover Township's 2015 Bicycle and Pedestrian Trails Master Plan, as amended, or to continue this network through the development. All shared-use paths shall comply with the American Association of State Highway and Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities Fourth Edition, as amended.

(1) Shared-use paths shall be required wherever they fill a gap in an existing bicycle and pedestrian network.

(2) Shared-use path design and layout.

(a) ADA-compliant ramps are considered a part of shared-use paths and shall be designed as per § 22-828, Subsection 2K.

(b) The border area shall exist between the curbline or edge of cartway and the sidewalk.

(3) Border areas between a sidewalk and the curb may contain streetlights, trees, benches, public use trash receptacles, mailboxes, or newspaper boxes. No obstacle in the border area may reduce the required sidewalk width for use by pedestrians.

(4) Border areas shall be maintained as a grass strip between the sidewalk and the curb. If grass is impractical at the site, brick pavers or similar surface may be used at the discretion of the Board of Supervisors upon the recommendation of the Township Planning Commission and Engineer. In this case, a wider sidewalk may be necessary in place of a border area to create a safer pedestrian environment.

(5) Driveway crossings shall be designed in compliance with current ADA, PennDOT and Township engineering standards.

(6) Shared-use path cartways shall be at least eight feet in width, although the Board of Supervisors may require additional width where needed.

(7) When shared-use paths are next to roads, driveways or parking areas, they shall be separated from the curb or edge of the shoulder by a planted strip of grass that is at least eight feet in width.

(8) All shared-use paths shall have a right-of-way that is 25 feet in width. Shared-use paths shall be located within this right-of-way, no closer than five feet from the edge of the right-of-way.

(9) All shared-use path rights-of-way shall be offered for dedication to the Township. If the Township does not accept the offer of dedication, a twenty-five-foot-wide access and maintenance easement shall be provided along the length of a shared-use path.

(10) When a subdivision or land development includes an existing or a proposed shared-use path with public access as delineated in the 2015 Bicycle and Pedestrian Trails Master Plan, or current edition, or more recent revision thereof, the applicant shall make a provision for the continued recreational use of the path subject to alterations of the course of the path within the boundaries of the development under the following conditions:

(a) The points at which the shared-use path enters and exits the tract shall remain unchanged.

(b) The proposed alteration will not diminish the path design and function.

(c) Where an existing path runs coincidentally with the paved road intended for use by motorized vehicles, landscaping and other physical structures shall be used to increase the separation between the path and the road.

(11) The shared-use path shall be constructed of four-inch aggregate base of either gravel, crushed stone or slag with two-inch asphalt binder coarse and a one-inch wearing course. Where a shared-use path is integrated with a sidewalk system, concrete may be substituted provided the width is not reduced, in accordance with the chapter titled "Pedestrian Facilities" of the PennDOT Design Manual, Part 2, or any amendments thereto.

(12) No shared-use path shall be designed with the intent to accommodate motorized vehicles except for emergency or maintenance access, unless approved by the Board of Supervisors upon review by the Township engineer. The following design criteria shall be utilized:

(a) The pavement cross-section shall match the Township's driveway requirements.

(b) The width of the trail shall be increased by at least two feet, which will be verified based upon a turning movement template of the largest vehicle anticipated to utilize the path.

(c) Access to the path shall be provided in areas that do not conflict with ADA ramps and a depressed curb area shall be provided with appropriate pavement markings and signs restricting vehicles from parking in these areas.

(d) Retroreflective, flexible delineator posts shall be installed along these sections of the path in fifty-foot intervals.

§ 22-829 Automobile Parking Facilities.

[Ord. 3/29/1990B, § 822; as amended by Ord. 93-3, 2/8/1993, § 40; and by Ord. No. 22-05, 5/5/2022]

1. Purpose. The specific purposes to be served by these requirements are:

A. To add visual character and improve the appearance of parking areas by reducing their massiveness into smaller units.

B. To integrate parking areas into the pedestrian circulation system.

C. To provide shade for parked cars and reduce heat islands, stormwater runoff, and air pollution.

D. To reduce random vehicular flow across parking areas.

E. To facilitate snow removal and storm drainage by laying out the paving surface with minimal obstructions.

2. General.

A. A parking space is a paved stall or berth covered or uncovered for parking motor vehicles, excluding space(s) within a public cartway. Parking facilities shall be provided off-street in accordance with the requirements of Chapter 27, Zoning, and this chapter. Use of any parking space for any other purpose is prohibited.

B. Parking spaces designed for the exclusive use by disabled persons shall be installed in all parking lots as close and convenient to building entrances as is reasonable. The specific number and locations of handicapped stalls shall be in conformance with the Americans with Disabilities Act (ADA) and the design requirements of this section.

C. Provisions for pedestrian safety within a parking lot shall be required by providing sidewalks, delineated crosswalks, traffic calming devices, signage, and/or other measures.

D. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle(s).

E. Entrances and exits to and from off-street parking areas shall be located so as to avoid interference with street traffic.

3. All Parking Lots.

A. Parking shall not be permitted along driveways which serve as the entrance(s) or exit(s) to parking areas with a capacity of 50 vehicles or more. A minimum driveway length of 50 feet shall be provided between the road ultimate right-of-way line and the first parking space or internal driveway intersection in parking lots with 50 vehicles or more.

B. Along arterial and collector streets, parking areas shall be designed to allow for ingress and egress without backing into a street. Access areas shall be designed so as to allow vehicles to enter a street in a forward direction.

C. Every off-street parking area shall include sufficient stacking space to accommodate entering and exiting vehicles without overflowing into adjacent streets or service roadways.

D. Dead end parking areas are discouraged and shall not be used when the required parking capacity can be accommodated in a layout that permits more convenient vehicular movements. Up to 30 parking spaces may only be located in a dead ended parking area, only if a suitable turnaround area is provided at the closed end. Turning templates shall be provided to ensure adequate turning area is provided.

E. Emergency access shall be reviewed by the Township Fire Marshal subject to compliance with the International Fire Code.

F. All parking spaces shall be marked with a four-inch wide painted line so that individual spaces are identifiable.

G. The depth and width of parking areas reserved or laid out for commercial and industrial uses shall be appropriate to those uses.

H. Curbs or tire stops shall be designed for the protection of planting strips and to prevent overhanging of pedestrian walks. Curbs shall be designed to accommodate handicapped persons.

I. Parking lots with less than 20 spaces shall not have a grade exceeding 5%. Parking lots with 20 or more spaces shall not have a grade exceeding 3%. Any grade, cut, fill or height difference exceeding four feet shall be subject to approval of the Board of Supervisors.

J. Wherever possible, the layout of parking aisles and rows shall be perpendicular to building facades to facilitate channelization of pedestrian movements.

K. At no time shall angle or perpendicular parking be provided along public or private streets. All parking lots and bays permitting parking other than parallel shall be physically separated from the street and confined by curbing or other suitable separating device.

L. No less than a five-foot radius of curvature shall be permitted for all curblines in all parking areas.

M. Except at entrance and exit drives, all parking areas shall be set back from the future right-of-way line and all property lines at least 10 feet or as required by Chapter 27, Zoning (the greater provision shall prevail). The distance between this required setback and the cartway shall be maintained as a planting strip.

N. Parking areas for commercial, industrial and performance standard developments shall be lighted. All artificial lighting used to illuminate any parking area shall be so designed that rays only illuminate the parking areas and no direct rays shall fall upon any neighboring property or street. A minimum level of one footcandle of light shall be maintained. Lighting standards shall be located not less than two feet from the paving of parking spaces, drives or streets.

4. Pedestrian Pathways and Crosswalks. The following requirements shall apply to all surface parking lots where 10 or more new parking spaces are proposed:

A. Pedestrian access to each building on-site from adjacent public sidewalks, the street, and all areas of the parking lot shall be physically delineated and provided through the installation of sidewalks and defined crosswalks.

B. Pedestrian Pathways.

(1) Pedestrian pathways shall be clearly separated from vehicular use areas with sidewalks, landscaping, a change in grade, or a change in paving material.

(2) Pedestrian pathways in parking areas shall be barrier-free, and a minimum of five feet wide. Additional width may be required in some areas with heavy pedestrian traffic.

(3) To facilitate pedestrian movement, at least one pedestrian route shall be provided that enables access from the far end of the parking lot to the main entry of a building.

C. Crosswalks. Where a pedestrian circulation route within the parking area crosses a vehicular drive aisle, a crosswalk with a differing paving material, continental-style crosswalk markings, or a speed table shall be provided.

5. The following design standards shall be required for off-street parking facilities where the required number of off-street parking spaces, as specified in Chapter 27, Zoning, is three or more.

A. Parking areas shall include buffers and screening in compliance with § 22-835.

B. The edge of any parking area shall not be closer than 15 feet to the outside wall of the nearest building, whether on-site or on an adjacent site. This area shall be used for sidewalks to entryways and foundation plantings.

C. Design standards for parking stalls shall not apply where the primary purpose is that of vehicle storage related to sales, service or other use. Unless otherwise specified, parking areas shall conform to the following minimum dimensional standards based upon their intended function.

Type	Aisle Width (feet)		Stall Width (feet)	Stall Depth (feet)**
	One-Way	Two-Way
Conventional	20	24	9.5	19.0
Handicapped	20	24	12.5	19.0
Oversized*	(as determined by Township)

NOTES:
*	Including, but not limited to, recreational vehicles, tandem trailers, trucks and buses.
**	Stall depth shall be measured from the curb.

(1) Parking for handicapped or physically disabled persons shall be provided as for as follows:

Total Nonresidential Parking	Required Handicapped Parking
0 to 9	1 space
10 to 50	2 spaces
51 to or more	2 spaces plus 1 space per 50 spaces

(2) Handicapped parking shall meet the latest ADA requirements.

(3) In order to provide for flexibility in parking lot design and layout, angle parking may be appropriate in certain instances. Where angle parking is utilized, the width of stalls for various types of parking uses shall remain consistent with the minimum dimensions established for each, while the depth of stall and width of aisles may vary as follows:

Angle of Parking	Aisle Width Variation (feet)		Stall Depth Variation (feet)
	One-Way	Two-Way
90°	0	0	0
60°	-2	-3	+1
45°	-5	-4	0
30°	-8	-4	-2

D. For the purpose of servicing any property held under single and separate ownership, entrance and exit accessways crossing the street line shall be limited to one accessway along the frontage of any single street. Unless and only if one accessway is impracticable in the judgment of the Board of Supervisors, two accessways shall be permitted along the frontage of any single street, and the centerlines of the two accessways shall be spaced at least 80 feet apart. On all corner properties, there shall be a minimum of 60 feet, measured at the curbline, between the centerline of any entrance or exit accessway and the street line of the street parallel to said accessway.

E. Access drives shall be at least 12 feet from any side property line, except for the additional requirements in buffer yards. If a shared access agreement or common driveway situation exists, this requirement shall not apply.

F. Parking and display areas along arterial and collector roads shall be set back at least 30 feet from the ultimate right-of-way of said road in order to accommodate acceleration and deceleration lanes and marginal access roads. Where vehicle sales is the primary use of a parcel, parking and display areas shall be set back at least 15 feet from the ultimate right-of-way.

§ 22-830 Off-Street Loading Facilities.

[Ord. 3/29/1990B, § 823; as amended by Ord. No. 22-05, 5/5/2022]

1. Where a land development includes off-street loading facilities, the following standards shall be met:

A. Each space shall be no less than 14 feet wide, 50 feet long and 17 feet high, exclusive of drive and maneuvering space, and located entirely on the lot being served. The exact dimensions will be determined based upon the largest vehicle that will provide deliveries to the site.

B. There shall be adequate maneuvering space for all delivery vehicles, as determined by the Township Traffic Engineer.

C. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard or an unreasonable impediment to traffic.

D. The lighting requirements of this chapter shall be met, when applicable.

§ 22-831 Natural Resource Protection Standards.

[Ord. 3/29/1990B, § 824; as amended by Ord. 96-5, 5/28/1996, §§ 6, 7; by Ord. 99-3, 6/28/1999, §§ 14-16; by Ord. 06-01, 2/13/2006, § 6; by Ord. 07-02, 3/26/2007, § 9; and by Ord. No. 22-05, 5/5/2022]

1. All uses and activities established after the effective date of this chapter shall comply with the following standards. Site alterations, regrading, filling or clearing of vegetation prior to the submission of applications for zoning or building permits or the submission of plans for subdivision or land development shall be a violation of this chapter. Refer to § 22-831 for the application of these standards.

A. Floodplains. Those areas within the 100-year flood boundary and the approximate 100-year flood boundary as defined in Part 2 and delineated in the Flood Insurance Study prepared for New Hanover Township. These areas shall not be altered, regraded, filled or built upon except in conformance with § 22-833, Floodplain Regulations.

B. Floodplain Soils.

(1) Along streams, ponds, lakes and watercourses, where the 100-year floodplain has not been delineated, the requirements for the floodplain soils shall be met. All such areas shall not be altered, regraded, filled or built upon except in conformance with § 22-833, Floodplain Regulations.

(2) Studies prepared by a registered engineer, expert in the preparation of hydrological and hydraulic studies, may be used to delineate the 100-year floodway and floodplain soils and approximate 100-year flood boundary. Such studies shall be subject to the review and approval of the Board of Supervisors on the recommendation of the Township Engineer.

C. Steep Slopes. In areas of steep slopes, the following standards shall apply:

(1) Fifteen Percent to 25%. No more than 30% of such areas shall be altered, regraded, cleared or built upon.

(2) Twenty-five Percent or Steeper. No more than 20% of such areas shall be altered, regraded, cleared or built upon.

D. Woodlands. In the R-2 and R-2M-Residential District, no more than 20% of such areas shall be altered, regraded, cleared or built upon. In all other zoning districts, no more than 50% of such areas shall be altered. Any permitted clearing or alteration of woodland area shall be undertaken to maintain, where possible, a continuous canopy of trees where a continuous canopy and/or hedgerow exists.

E. Mature Trees. In all zoning districts, no more than 40% of such trees shall be cleared.

F. Streams, Watercourses, Wetlands, Ponds, Lakes and Areas Within the 100-year Flood Boundary or Designated Floodplain Soils.

(1) Such areas shall not be altered, regraded, developed, filled, piped, diverted or built upon except that roads may cross streams, watercourses and wetlands where design approval is obtained from the Township and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available. Wetland areas shall be staked in the field and shall remain staked until completion of development.

(2) A stream corridor setback shall be established along all streams or watercourses, including intermittent watercourses. Such areas shall not be altered, regraded, developed, built upon or cleared of existing trees or natural vegetation, except for the removal of dead, diseased or hazardous trees that jeopardize public safety or as part of a reforestation project that is approved by the Board of Supervisors. Roads may cross stream corridors where design approval is obtained from the Board of Supervisors and where no other reasonable access is available. A stream corridor, measured 100 feet from the centerline of the watercourse, shall be maintained along Deep Creek, Schlegel Run, Swamp Creek, the West Branch of the Swamp Creek, Middle Creek, Minster Creek, Sanatoga Creek and Scioto Creek. A stream corridor, measured 75 feet from the centerline of the watercourse, shall be maintained along all other watercourses.

G. Pond Shorelines. No more than 20% of such areas shall be altered, regraded, filed or built upon.

H. Wetlands Margin. No more than 20% of such areas shall be altered, regraded, filled or built upon.

I. Overlapping Resources. In the event that two or more resources identified in Subsection 1A through H overlap:

(1) The resource with the greatest protection standard (the least amount of alteration, regrading, clearing, cutting, building, etc.) shall apply to the area of overlap.

(2) The protection standard for the resource with the lesser protection standard shall be applied to the area which does not overlap with a resource requiring a greater protection standard.

(3) In the area of overlap, the greatest protection standard of the overlapping resources shall apply to all resources.

J. Tree Protection Standards. The following requirements in all areas where existing trees shall remain:

(1) General Requirements:

(a) Grade changes and excavations shall not encroach upon the tree protection zone.

(b) No toxic material, including petroleum-based and/or -derived products, shall be stored within 100 feet of a tree protection zone.

(c) The area within the tree protection zone (TPZ) shall not be built upon, nor shall any materials be stored, temporarily or permanently, within the TPZ. Vehicles and equipment shall not be parked in the TPZ.

(d) Where tree stumps are located within 100 feet of the TPZ, the stumps shall be removed by means of a stump grinder to minimize the effect on surrounding root systems.

(e) Tree roots, which must be severed, shall be cut by a backhoe or similar equipment aligned radially to the tree. This method reduces the lateral movement of the roots during excavation, which could damage the intertwined roots of adjacent trees if done by other methods.

(f) Within four hours of any severance of the roots, all tree roots that have been exposed and/or damaged shall be trimmed cleanly and covered temporarily with moist peat moss, moist burlap or other moist biodegradable material to keep the roots from drying out until permanent cover is installed.

(g) Sediment, retention and detention basins shall not discharge into a TPZ.

(h) Sediment, retention and detention basins shall not be located within a TPZ.

(2) The Tree Protection Zone (TPZ). Prior to construction or alteration of the site, the TPZ shall be delineated by the following methods:

(a) The TPZs shall conform to the approved development plans. Adjustments in the field may be approved by the Township Engineer.

(b) All trees scheduled to remain shall be marked. Where groups of tree are to remain, only the edge trees need to be marked.

(c) A forty-eight-inch-high construction fence, of a type as approved on the development plan, shall be placed in the field along the boundary of the TPZ. The location of the TPZ shall be inspected and approved by the Township Engineer prior to commencing of clearing or site alterations. The TPZ fencing shall remain in place and shall be maintained until all work and construction has been completed. Any protective fencing that is damage shall be replaced or repaired before further construction begins.

(d) Tree to be removed shall not be felled, pushed or pulled into a TPZ or into trees that are to remain.

(3) Retaining Walls. Where the original grade cannot be retained at the TPZ line, a retaining wall shall be constructed outside the TPZ. The retaining wall shall be designed to comply with standards recommended by the Township Engineer for retaining walls. In addition, the following methods shall be used to ensure survival of the trees:

(a) The top of the wall shall be four inches above the finished grade line.

(b) The wall shall be constructed of large stones, brick, building tiles, concrete blocks or treated wood beams not less than six inches in width. A means for drainage through the wall shall be provided so that water will not accumulate on either side of the wall.

(c) Any severed roots which result from excavation shall be trimmed so that their edges are smooth and are cut back to the lateral root, if exposed.

(d) A layer of clean stone (sized 3/4 to one inch) shall be placed one foot from the inner side of the wall to aid in drainage.

(4) Trenching and Tunneling. If there is no alternative to locate a utility line through a TPZ, tunneling shall be used instead of trenching, except where, in the opinion of the Township Engineer or a municipal/consultant arborist, survival of the tree would not be affected by either method. The Township Engineer or municipal/consultant arborist shall determine the most appropriate location for the utility line. Trenches shall be filled as soon as possible and tamped to avoid air spaces.

§ 22-832 Application of Natural Resource Protection Standards.

[Ord. 3/29/1990B, § 825; as amended by Ord. 93-3, 2/8/1993, §§ 41, 42; by Ord. 96-5, 5/28/1996, § 7; by Ord. 97-7, 10/13/1997, § 826; by Ord. 99-3, 6/28/1999, § 17; by Ord. 06-01, 2/13/2006, § 7; and by Ord. 07-02, 3/26/2007, § 5; and by Ord. No. 21-02, 4/1/2021; and by Ord. No. 22-05, 5/5/2022]

1. In order to meet the natural resource protection standards of § 22-831, Subsection 1A through H, the applicant shall provide the following information with application for subdivision or land development. The applicant shall provide the following information to ensure that each proposed lot is buildable under the terms of this chapter.

A. Applications for the uses listed in Subsection 1A(1) and (2) need not be accompanied by the information specified in Subsection 1B and C. However, the resource protection standards of § 22-831, Subsection 1A through H, shall be met. No regrading, clearing, filling, cutting of trees, building or development that would violate these protection standards shall take place.

(1) Principal uses, accessory uses and building additions/expansions involving not more than 420 square feet of building coverage and not more than 1,600 square feet of lot area regraded or altered.

(a) A1-General farming.

(b) A1-Nursery.

(c) A4-Forestry.

(d) A7-Agricultural retail.

(e) A8-Farm unit.

(f) A10-Kennel-noncommercial.

(g) B1-Detached dwelling.

(2) Accessory uses and building additions/expansions for all other uses, other than B2, "Performance Standard Development," and B3, "Mobile Home Park," involving not more than 420 square feet of building coverage and not more than 1,600 square feet of lot area regraded or altered.

B. Subdivision or land development applications listed in this subsection shall be accompanied by a site plan that provides the following information. All lots shall have a contiguous building envelope of at least an area as indicated below within the overall lot. The purpose of the building envelope is to provide sufficient area for the general location of the building, driveway, parking areas, patios, other improvements and site alterations while meeting the natural resource protection standards of § 22-831, Subsection 1A through H, and the minimum setback requirements of Chapter 27, Zoning. However, preexisting, nonconforming lots as to the dimensional standards of Chapter 27, Zoning, are exempted from the terms of this Subsection 1B, as long as they comply with the performance standards set forth within this chapter. This provision shall apply to principal and accessory uses specified in Subsection 1B(1) below.

(1) Principal uses, accessory uses and building addition/expansions involving more than 420 square feet of building coverage or more than 1,600 square feet of lot area regraded or altered on the individual lots.

(a) A1-General farming.

(b) A2-Nursery.

(c) A4-Forestry.

(d) A7-Agricultural retail.

(e) A8-Farm unit.

(f) A10-Kennel-noncommercial.

(g) B1-Detached dwelling.

(2) A minimum building envelope as indicated below shall be shown for each lot. However, if the use intended and the lot areas to be regraded or altered would be greater than the minimum building envelope, the greater area shall be shown on the site plan.

District	Minimum Building Envelope
	Use B1 (square feet)	Other Uses (square feet)
R-2	8,500	20,000
R-2M	8,500	20,000
R-25	5,000	14,000
R-15	5,000	14,000
R-5	7,000	15,000
RV	5,000	14,000
CB-1	—	6,000
CB-2	—	15,000
CC	—	15,000
LI	—	15,000
HI	—	34,000

(3) For uses with on-lot sewage systems, a 3,000-square-foot or larger area, in addition the building envelope specified in Subsection 1B(1) above, shall be identified for the location of the sewage system. Such additional area shall not include natural features with a 100% protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 22-831.

(4) Applicants for subdivision or land development approval shall submit the following information:

(a) A site plan which illustrates all natural resources on the site and the proposed use on the site.

(b) All encroachments and disturbances necessary to establish the proposed use on the site.

(c) Calculations which indicate the area of the site with natural resources; the area of natural resources that would be disturbed or encroached upon; and the area of the site included in the building envelope.

(d) Applicants are not required to illustrate and calculate woodland areas and areas of mature trees for the purpose of identifying the building envelope. The building envelope may include woodland areas and mature trees. However, the requirements of §§ 22-831, Subsection 1D and E, shall be met for all uses, subdivisions and land developments.

C. The following site capacity calculations shall be submitted with applications for all other uses including Use B2, "Performance Standard Development" or Use B3, "Mobile Home Park." Through these calculations, the net buildable site area, the maximum number of lots or dwelling units, the maximum number of impervious surfaces and the required open space will be determined for the specific site. The required open space shall be the minimum open space as related to the minimum open space ratio specified in § 27-305, Use Regulations, of Chapter 27, Zoning, or the combination of the calculated resource protection land and recreation land, whichever is the greater amount. Areas identified as resource protection land shall be included in the required open space for these uses.

(1) Base Site Area. Calculate the base site area. From the total site area, subtract ultimate rights-of-way of existing roads; existing utility rights-of-way; land which is not contiguous or which is separated from the parcel by a road or railroad; land designated within another zoning district classification; or land shown on previous subdivision or land development plans as reserved for open space.

Total Site Area	-__________ acres.
Subtract Restrictions	-__________ acres.
Base Site Area	-__________ acres

(2) Land With Resource Restrictions and Resource Protection Land. Calculate the land with resource restrictions and the resource protection land. In the event that two or more resources overlap, only the resource with the highest open space ratio shall be used in the calculations for the area of overlap.

Resource	Open Space Ratio	Acres of Land in Resources	Resource Protection Land (Acres x Open Space Ratio)
Floodway	100%
Flood Fringe	80%*
Approx. 100-year Flood Boundary	100%**
Floodplains Soils	100%**
Steep Slopes:
15 to 25%	70%
25% or more	80%
Woodlands:
R-25, R15, R5, RV, CB1, CB-2, CC, LI, HI, R-2, R-2M	50%
	80%
Watercourses Streams, Ponds	100%
Wetlands	100%
Pone Shorelines	80%
Wetland Margins	80%
Land with Resource Restrictions		_____ acres
Resource Protection Land			_____ acres

NOTES:
*	If the flood fringe area has been delineated, or if the applicant delineates the floodway and flood fringe area then only the permitted uses stated in § 22-833, Subsection 3E, will be approved by the Township. The applicant must demonstrate to the Township the maximum percentage of area to be affected by the permitted use. If there are other resource protection areas within the flood-fringe area, such as wetland, woodlands, etc., these areas may govern and control use of the flood fringe area where a greater protection standard would apply to the other natural resource. The permitted use may not be allowed if the other resource protection areas restrict the uses. If the flood fringe is delineated by the applicant per § 22-833, Subsection 3E(2), review and approval by the Township and FEMA, as well as the filing of a map revision, will be required as part of the approval of the permitted use.
**	If the applicant does not perform a delineation of the floodway and flood fringe then the 100% restriction shall apply.

(3) Recreation Land. Calculate land for recreation.

Base Site Area	_____ acres
Subtract Land with Resource Restrictions	_____ acres
Remainder	_____ acres
Multiply by 1/3 Minimum Open Space	_____
Ratio x
Recreation Land	_____ acres

(4) Combine Resource Protection Land and Recreation Land.

Resource Protection Land	_____ acres
Add
Recreation Land	_____ acres

(5) Standard Minimum Open Space. Calculate the standard minimum open space.

Base site area	_____ acres
Multiply by Minimum Open Space	_____ acres
Standard Minimum Open Space	_____ acres

(6) Determine Required Open Space. The required open space is the resource protection and recreation land or the standard minimum open space, whichever is greater.

(7) Net Buildable Site Area. Calculate the net buildable site area.

Base site area		_____ acres
Subtract Required Open Space	-	_____ acres
Net Buildable Site Area	=	_____ acres

(8) Number of Dwelling Units/Lots. Calculate the maximum number of dwelling units.

Base Site Area		_____ acres
Multiply by Maximum Density	x	_____ acres
Number of Dwelling Units		_____ dwelling

(9) Impervious Surfaces. Calculate the maximum area of impervious surfaces.

Base Site Area		_____ acres
Multiply by Maximum Impervious		_____
Surface x Ratio	x
Impervious Surfaces	=	_____ acres

(10) Site Capacity Summary.

Required Open Space (6)	_____ acres
Net Buildable Site Area (7)	_____ acres
Maximum Number of Dwelling Units/Lots (8)	_____ units

§ 22-833 Floodplain Regulations.

[Ord. 3/29/1990B, § 826; as amended by Ord. 93-3, 2/8/1993, §§ 43, 44; by Ord. 96-5, 5/28/1996, § 8; by Ord. 01-6, 10/22/2001, § 3; by Ord. 09-03, 6/22/2009, § 3; by Ord. 17-03, 3/27/2017; and by Ord. No. 22-05, 5/5/2022]

1. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, substantially improved or structurally altered except in full compliance with the terms and provisions of this part and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter and all other applicable codes and ordinances such as this chapter and Chapter 5, Code Enforcement, Part 2, Uniform Construction Code. Zoning and building permits shall be required before any construction or development is undertaken within any area of the Township. In addition, all such uses, activities and development shall be undertaken only in compliance with federal or state law, including § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1334.

2. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

3. Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the Township, the proposed alteration shall be evaluated and receive a conditional approval from FEMA for the work to proceed. Additionally, a permit shall be obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Emergency Management Agency and the Department of Community and Economic Development.

A. Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief; and to protect the tax base by:

(1) Regulating uses, activities and development which (acting alone or in combination with other existing or future uses, activities and development) will cause unacceptable increases in flood heights, velocities and frequencies.

(2) Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding.

(3) Requiring all those uses, activities and development as defined by § 27-202 of Chapter 27, Zoning, that do occur in flood-prone areas to be protected and/or flood-proofed against flooding and flood damage.

(4) Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

B. Warning and Disclaimer of Liability.

(1) The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages.

(2) This chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

C. Establishment of Floodplain Areas. For the purpose of this chapter, various floodplain areas are identified which are subject to the provisions of this section. These floodplain areas are:

(1) Floodway, as defined in Part 2 of this chapter.

(2) Flood fringe, as defined in Part 2 of this chapter.

(3) Approximate 100-year flood boundary, as defined in Part 2 of this chapter.

(4) Floodplain soils, as defined in Part 2 of this chapter.

D. Use of Floodplain Areas.

(1) The floodplain areas described above shall be overlays to the existing underlying zoning districts and the floodplain provisions shall serve to supplement the underlying zoning provisions. Where there is a conflict between the provisions or requirements of any floodplain requirement and those of the underlying zoning, the more restrictive provisions and/or those pertaining to the floodplain area shall apply. However, in all cases the floodplain requirements shall be met.

(2) In the event any provision concerning a floodplain regulation is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying zoning district provision shall remain applicable.

(3) The delineation of any of the floodplain area may be revised by the Township where natural or man-made changes have occurred and/or where more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, a river basin commission or other qualified agency or individual documents the notification for such change. Where a map revision is proposed as part of a subdivision or land development plan, a conditional letter of map revision must be obtained from the Federal Management Agency (FEMA) prior to the plan being granted preliminary approval by the Township.

(4) Initial interpretation of the boundaries of the floodplain areas shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the areas, the Zoning Hearing Board shall make the necessary determination. The persons questioning or contesting the location of the boundary shall be given a reasonable opportunity to present their case to the Board and to submit their own technical evidence if they so desire.

E. Floodway Area and Flood Fringe Area Regulations.

(1) Floodway Area Regulations. In the floodway area, encroachments including fill, new construction, substantial improvements and other development are prohibited except as follows:

(a) Permitted Uses. In the floodway area, the following uses and activities are permitted provided that they meet the following: they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance or federal or state regulation; the use consists of "development" as defined in § 22-833, Subsection 3N, and it is demonstrated by the applicant, in accordance with standard engineering practice, that the proposed encroachment will not result in any increase in the 100-year flood levels.

1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.

2) Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap, skeet and rifle ranges and hunting and fishing areas.

3) Accessory residential uses such as yard areas, gardens, play areas and pervious parking areas.

4) Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.

5) Roads may cross the floodway where design approval is obtained from the Township and the Pennsylvania Department of Environmental Protection where required, and where no other reasonable access is available.

(2) Flood Fringe Area Regulations. In the flood fringe areas, encroachments, including fill, new construction, substantial improvements and other development that would result in any increase in flood levels within the community during the 100-year flood as prohibited except as follows:

(a) Permitted Uses. In the flood fringe area, the following uses and activities are permitted provided that they meet the following: they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other or ordinance or federal or state regulation; and the use consists of "development" as defined in § 22-833, Subsection 3N.

1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.

2) Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap, skeet and rifle ranges and hunting and fishing areas.

a) Recreational vehicles which are fully licensed and ready for highway use may be parked or placed on a flood fringe area for up to 180 consecutive days. A recreational vehicle is ready for highway use if it is on wheels or jacking system is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.

b) Recreational vehicles may be parked or placed on a flood fringe area for more than 180 consecutive days if they are evaluated and anchored to a Township-approved foundation as required for single-family detached dwellings. Additionally, they shall not be occupied for any period exceeding 180 consecutive days until approved for full-time occupancy as a single-family dwelling.

3) Accessory residential uses such as yard areas, gardens, play areas and pervious parking areas.

4) Accessory industrial and commercial uses such as yard areas, previous parking and loading areas, airport land strips, etc.

5) Single-family detached dwellings, subject to the requirements of § 22-833, Subsection 3J and K.

a) Any manufactured home designed as a single living unit, elevated and anchored to a permanent Township-approved foundation, engineered to withstand or offset any flood or wind forces, shall be treated as a single-family residence.

6) Roads may cross over or encroach in the flood-fringe areas where design approval is obtained from the Township and the Pennsylvania Department of Environmental Protection where required, and where no other reasonable access is available.

F. Approximate 100-Year Flood Boundary Area and Floodplain Soils Area Regulations. Along those portions of streams and watercourses where the floodways and flood fringe areas, as defined in Part 2, have not been determined, one of the two following regulations pertaining to the approximate 100-year flood boundary areas, and floodplain soils areas shall apply:

(1) For all areas designated as approximate 100-year flood boundary and floodplain soils, the provisions of § 22-833, Subsection 3E, Floodway Area and Flood Fringe Area Regulations, shall be applicable.

(2) The applicant for a proposed use, development or activity in approximate 100-year flood boundary areas and/or floodplain soils areas shall determine the floodway and flood fringe areas, thereby identifying the 100-year floodplain, in accordance with hydrologic and hydraulic engineering techniques as follows:

(a) The applicant shall provide sufficient documentation to demonstrate that his proposed activity, together with all other existing and anticipated development, uses and activities, will not encroach within the floodway area except as allowed in § 22-833, Subsection 3E, Floodway Area and Flood Fringe Area Regulations, and that encroachments into the flood fringe areas, as allowed in § 22-833, Subsection 3E, Floodway Area and Flood Fringe Area Regulations, will not increase the depth of the 100-year flood by more than one foot. The engineering principle of standard step method (HEC-2) shall be used to make the determination of increases in flood heights.

(b) Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township. The study must be approved by the Board of Supervisors and shall also be prepared to conform to FEMA standards for their review and approval and for map revision or amendment.

G. Development Which May Endanger Human Life. Any new or substantially improved structure which will be used for the production or storage of any of the following or similar dangerous materials or substances; or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any dangerous materials or substances on the premises shall not be permitted in the areas identified as a floodplain as referenced in § 22-833, Subsection 3C:

(1) Acetone.

(2) Ammonia.

(3) Benzene.

(4) Calcium carbide.

(5) Carbon disulfide.

(6) Celluloid.

(7) Chlorine.

(8) Hydrochloric acid.

(9) Hydrocyanic acid.

(10) Magnesium.

(11) Nitric acid and oxides of nitrogen.

(12) Petroleum products (gasoline, fuel, oil, etc.)

(13) Phosphorus.

(14) Potassium.

(15) Sodium.

(16) Sulphur and sulphur products.

(17) Pesticides (including but not limited to insecticides, herbicides, fungicides and rodenticides and plant growth regulators).

(18) Radioactive substances, insofar as such substances are not otherwise regulated.

H. Special Requirements for Manufactured/Mobile Homes. No manufactured/mobile home shall be permitted in the areas identified in Subsection 3C, except as a legal structure which became nonconforming November 20, 1969, upon enactment of floodplain regulations for mobile homes. Any new manufactured home on a single building lot or replacing an existing unit within an existing manufactured/mobile home park shall be elevated as required and anchored to a permanent foundation. The foundation shall be approved by the Township and it shall be demonstrated that the foundation/unit will be able to withstand all forces of wind and flood.

I. Existing Structures in the Floodplain Areas. A structure or use of a structure or premises which lawfully existed before November 20, 1969, but which is not in conformity with these provisions, may be continued subject to the following conditions:

(1) Existing structures and/or uses shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.

(2) The modification, alteration, repair, reconstruction, rehabilitation, addition or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area, to an extent or amount of 50% or more of its market value before the start of construction shall be undertaken only in full compliance with the provisions of this and any other applicable ordinances.

J. Anchoring, Elevation and Floodproofing Requirements.

(1) Residential Structures. Within any floodplain area, the lowest floor (including basement) of any new construction or substantially improved residential structure shall be at least 1 1/2 feet above the 100-year flood elevation. The appropriate elevation certifications shall be submitted to the Township.

(2) Nonresidential Structures. Within any floodplain area, the lowest floor (including basement) of any new construction or substantially improved nonresidential structure shall be at least 1 1/2 feet above the 100-year flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry in accordance with the publication entitled "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972), or some other equivalent standard, for that type of construction. All plans and specifications for such floodproofing shall be accomplished by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.

(3) Anchoring.

(a) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.

(b) All air ducts, large pipes, storage tanks and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

K. Design and Construction Standards.

(1) Fill. If fill is used, it shall:

(a) Extend laterally at least 15 feet beyond the building from all points.

(b) Consist of soil or small rock materials only; solid waste landfills shall not be permitted.

(c) Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.

(d) Be no steeper than one vertical to three horizontal, unless substantial data justifying steeper slopes are to be submitted to, and approved by, the Building Inspector.

(e) Be used to the extent to which it does not adversely affect adjacent properties.

(2) Hydrostatic Pressure. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit to floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

(3) Water and Sanitary Sewer Facilities and Systems.

(a) All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.

(b) Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

(c) No part of any onsite sewage system shall be located within any identified floodplain or floodplain soils area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.

(4) Other Utilities. All other utilities, such as gas lines, electrical and telephone systems, shall be located, elevated (where possible), and constructed to minimize the chance of impairment during a flood.

(5) Streets. The finished elevation of all new streets shall be at least one foot above the 100-year flood elevation.

(6) Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life and not listed in § 22-833, Subsection 3G, Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation and/or flood-proofed to the maximum extent possible.

(7) Placement of Buildings and Structures. All buildings and structures shall be designed, located and constructed so as to offer the minimum obstruction to the flow of water. They shall be designed to have a minimum effect upon the flow and height of floodwater.

(8) Required Information. The applicant shall submit plans for all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:

(a) The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929.

(b) The elevation of the 100-year flood.

(c) If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a 100-year flood.

(d) Detailed information concerning any proposed flood-proofing measures.

L. Prohibited Activities in the Floodplain Areas. In addition to the requirements of Subsection 3E of this section, the following activities shall be prohibited within any identified floodplain are of the Township:

(1) The commencement of any of the following activities or the construction, enlargement or expansion of any structure used, or intended to be used, for hospitals, nursing homes, jails or prisons.

(2) The placement of more than one manufactured home; the commencement of construction of a new manufactured home park subdivision; or a substantial improvement to an existing manufactured home park subdivision.

M. Variances. If compliance with any of the requirements of this section would result in an exceptional hardship for a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. All requests for variances shall be considered by the Zoning Hearing Board in accordance with the following:

(1) No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the 100-year flood elevation.

(2) No variance shall be granted from any of the requirements pertaining to § 22-833, Subsection G, Development Which May Endanger Human Life, or Subsection 3L, Prohibited Activities.

(3) If granted, a variance shall involve only the least modification necessary to provide relief.

(4) In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this chapter.

(5) Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:

(a) The granting of the variance may result in increased premium rates for flood insurance.

(b) Construction below the 100-year flood elevation increases the risk to life and property.

(6) In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to, the following:

(a) That there is good and sufficient cause.

(b) That failure to grant the variance would result in exceptional hardship to the applicant.

(c) That the granting of the variance will neither result in unacceptable or prohibited increase in flood heights; additional threats to public safety; extraordinary public expense; creation of nuisances; fraud on, or victimization of the public; conflict with any other applicable federal, state statute or regulation, or local ordinance or regulation.

(d) Variance may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(7) A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

(8) Notwithstanding any of the above, all structures shall be floodproofed, designed and constructed so as to have the capability of resisting the 100-year flood. Designs shall be approved by the Township and/or any other applicable agencies.

N. Definitions. For the purposes of this section, the following definitions shall apply:

DEVELOPMENT

Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or the storage of equipment or materials.

HISTORIC STRUCTURE

Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

(2) Certified or preliminarily determined by the Secretary of the Interior, as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior.

(b) Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access and incidental storage in an area other than a basement area, is not considered the lowest floor of a building; provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.

NEW CONSTRUCTION

For floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management ordinance adopted by New Hanover Township, or after December 20, 1979, whichever is later, and includes any subsequent improvements to such structure.

RECREATION VEHICLE

A vehicle which is: a) built on a single chassis; b) not more than 400 square feet, measured at the largest horizontal projections; c) designed to be self-propelled or permanently towable by a light-duty truck; d) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

START OF CONSTRUCTION

The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction for a structure on a site, such as pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured or mobile home on a foundation. Start of construction includes land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; excavation for a basement, footing or foundations or the erection of temporary forms. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged conditioned would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition or other improvement to a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction or the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

(2) Any alteration of an historic structure; provided that the alteration will not preclude the structure's continued designation as an historic structure.

§ 22-834 Open Space in Residential Developments.

[Ord. 3/29/1990B, § 827; as amended by Ord. 01-6, 10/22/2001, § 4; by Ord. 06-02, 1/30/2006, § 4; by Ord. 09-03, 6/22/2009, § 4; and by Ord. No. 22-05, 5/5/2022]

1. Applicants shall provide open space in accordance with the Township Zoning Ordinance.

2. The plan shall contain or be supplemented by such material as required to establish the method by which open space shall be perpetuated, maintained and administered. The plan and other materials shall be construed as a contract between the landowner(s) and the Township, and shall be noted on all deeds.

3. Open space shall protect the environmental, scenic, historical, and cultural features of the Township.

4. Open Space Criteria. Open space preserved in fulfillment of the requirements of this article shall be in accordance with the following standards and principles:

A. Open space shall be consistent with the plans and proposals outlined in the Township's Comprehensive Plan, as amended. The Board of Supervisors shall review the consistency of the proposed open space with the recommendation of the Township Planning Commission.

B. Open space shall connect to permanently preserved land on abutting property, if possible, including provisions for accessways for general public use to permit residents safe and easy access to open space.

C. Open space shall have frontage on a public or private road or easement capable of providing suitable grade for access to the open space from the roads for maintenance vehicles and equipment traffic.

D. Open space shall have the physical characteristics capable of serving the purposes intended for such areas including recreational use.

E. Open space shall be visible from dwelling units and roadways.

F. Open space shall protect environmentally sensitive and/or aesthetic features and be landscaped to provide sufficient screening or buffer areas to minimize any negative impacts from or upon adjacent development.

5. Open Space Designation. All land held for open space shall be so designated on the plans. The plans shall contain the following statement for land categories in Subsection 2A, B, C or D below: "Open space land may not be separately sold, nor shall such land be further developed or subdivided." All plans shall further designate the use of open space, the type of maintenance to be provided and a planting plan or schedule. In designating use and maintenance, the following classes may be used:

A. Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and orderly appearance.

B. Natural Area. An area of natural vegetation undisturbed during construction, or replanted. Such areas may contain pathways. Meadows shall be maintained as such and not left to become infested with invasive species. Maintenance may be minimal, but shall prevent the proliferation of weeds and other invasive plants such as honeysuckle and poison ivy. Litter shall be removed and streams shall be kept in free-flowing condition.

C. Recreation Area. An area designated for a specific recreational use including, but not limited to, tennis, swimming, shuffleboard, play field and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use.

D. Garden Area. An area designated for family vegetable plots or other similar features.

6. Stormwater Management. None of the required open space may be used for stormwater management BMPs.

7. Open Space Performance Bond. Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities shall be required to cover costs of installation in accordance with provisions of this chapter.

8. Ownership of Open Space. Any of the following methods may be used to preserve, own or maintain open space. However, the open space shall be initially offered for dedication to the Township:

A. Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. All open space land shall be held as "common element." Such land shall not be eligible for sale to another party except for transfer to another method of ownership permitted under this section, and then only where there is no change in the open space ratio.

B. Homeowners' Association. The open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners associations set forth in Article VII of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10701 et seq.

C. Fee-Simple Dedication. The Township may, but shall not be required to, accept any portion or portions of the open space provided: (1) such land shall be freely accessible to the public; (2) there shall be no cost to the Township involved; (3) the Township agrees to and has access to maintain such lands; and (4) the open space shall be in an acceptable condition to the Township at the time of transfer with regard to size, shape, location and improvement. Refer to Subsection 4E below for additional requirements.

D. Dedication of Easements. The Township or county may accept, but shall not be required to accept, easements to any portion or portions of the open space. In such cases, the land remains in the ownership of the individual, condominium or homeowners' association while the easements are held in public ownership. The county shall accept the easements only in accordance with the provisions of Act 442, 32 P.S. § 5001 et seq., and county plans. The Township may accept such easements as it sees fit. In either case, there shall be no cost to the county or Township for acquisition or maintenance. The Township may require this method where it seems this is the most appropriate way of preserving land in open space. In performance standard developments and mobile home parks, this provision for the ownership and preservation of open space cannot be used except for open space land incorporated in required buffer yards.

E. Transfer to a Private Conservation Organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or easements, to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources; provided that: (1) the organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence; (2) the conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and (3) a maintenance agreement acceptable to the Township is entered into by the developer and the organization.

F. Deed Restrictions.

(1) Natural resource protection open space, as required by this chapter, may be held in the ownership of the individual property owners of residential developments. This form of ownership of open space will be subject to the following requirements:

(a) This form of ownership will be limited to residential uses that do not require common open space.

(b) It may be used only if approved by the Township.

(c) Restrictions meeting Township specifications must be placed in the deed for each property that has natural resource protection areas within its boundaries. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter.

(d) It will be clearly stated in the individual deed that the maintenance responsibility lies with the individual property owner.

(2) For nonresidential uses, buffer yards and areas of natural resource features may be held with the ownership of the entire parcel provided the buffer yards and natural features are deed restricted to ensure their protection and continuance.

(3) In the case of residential developments where all of the units are rental, the open space land may be in the same ownership as that of the development, provided that the land is deed restricted to ensure its protection and continuance and that a maintenance agreement suitable to the Township is provided.

(4) For any of these options the Township may accept, but is not required to accept, an easement to the open space land in the development.

9. Costs. Unless otherwise agreed to by the Township or county, the cost and responsibility of maintaining open space shall be borne by the property owner, condominium association or homeowners' association. If the open space is not properly maintained, the Township may assume responsibility of maintenance and charge the property owner, condominium association or homeowners' association a fee which covers maintenance costs, administrative costs and penalties as stipulated in this chapter.

§ 22-835 Landscape and Screening Buffers.

[Ord. 3/29/1990B, § 828; as amended by Ord. 93-3, 2/8/1993, §§ 45-50; by Ord. 99-3, 6/28/1999, §§ 18-20; by Ord. 01-6, 10/22/2001, § 5; by Ord. 06-01, 2/13/2006, § 8; by Ord. 07-02, 3/26/2007, § 9; Ord. 17-03, 3/27/2017; by Ord. No. 18-01, 4/5/2018; and by Ord. No. 22-05, 5/5/2022]

1. All subdivisions and land developments shall be landscaped with the following components:

A. Property line buffers that integrate new development into its surroundings and separate incompatible land uses.

B. Site element screens that act to minimize or eliminate views to obtrusive site elements.

2. The following requirements are minimum standards; additional plant material, berms or architectural elements may be included in the plan at the applicant's discretion. When, in the opinion of the Board of Supervisors, there is not adequate space between the property line and site elements for both the property line buffer planting and the site element screen, only the more intensive of the two shall be required, following the recommendation of the Township Planning Commission.

3. Where in the opinion of the Board of Supervisors there is an overlap of buffer and screen landscape requirements, the applicant may provide the more restrictive planting requirement, in lieu of both, with the recommendation of the Township Planning Commission.

4. Property line buffer requirements.

A. Property line buffers shall be required for the types of development listed below and as otherwise specified in the New Hanover Township Zoning Ordinance.[1] Property line buffers are not required for any type of development located in the Township's Village Mixed Use District. However, property line buffers shall be required where properties border other zoning districts.

(1) All nonresidential development.

(2) All multifamily and single-family attached development.

(3) All single-family detached cluster development.

(4) All mobile home parks.

(5) Active recreation facilities.

[1] Editor's Note: See Ch. 27, Zoning.

B. The quantity and type of plant material required shall be determined by the intensity of the proposed land use and the adjacent existing, or permitted land use if vacant, according to Figure 7: Intensity of Required Property Line Buffers.

Figure 7: Intensity of Required Property Line Buffers Existing Land Use (or permitted land use when undeveloped)
Proposed Use	Office/ Institutional and Recreation	Commercial/ Industrial	Multifamily/ Single-Family Attached/ Mobile Home Park	Single-Family Detached	Active Recreation
Office/ institutional	Low	Low	Medium	High	Low
Commercial/ industrial	Medium	Low	High	High	None
Multifamily/ single-family attached/ mobile home park/ clustered single-family detached dwellings	Low	Medium	Low	Medium	Low
Active recreation	Low	None	Low	Low	Low

C. An on-site investigation by the applicant shall determine the adjacent land uses along each property boundary. In the case of vacant land, the uses permitted by the existing zoning shall be used to determine the buffer type. If more than one type of use is permitted on a site, the use that would require the highest-intensity buffer shall be used to determine the buffer type. The existing or zoned uses shall be noted on the plan.

D. Buffer area location and dimensions.

(1) A buffer area of not less than 25 feet in width shall be established along all property lines, unless otherwise specified in the Zoning Ordinance.

(2) The buffer area shall not be included within the side or rear yard setback.

(3) The buffer area shall be a continuous pervious planting bed consisting of trees and shrubs, and grass or groundcover.

(4) Parking and related aisles/driveways are not permitted in the buffer area except for where a driveway or access drive initially enters the site.

(5) Site element screens are permitted in the buffer area.

(6) Stormwater management areas are not permitted in the buffer area.

E. Plant Material Quantities and Types. For every 100 linear feet of property line to be buffered, the following minimum quantities and types of plant material shall be required, based on the standards in § 22-835, Subsection 4B:

(1) Low intensity: one canopy tree; two evergreen trees; two ornamental trees.

(2) Medium intensity: two canopy trees; five evergreen trees; two ornamental trees; five shrubs.

(3) High intensity: two canopy trees; eight evergreen trees; two ornamental trees; 10 shrubs.

F. Design Criteria.

(1) The required plant material shall be distributed over the entire length and width of the buffer area rather than concentrated in one fraction of the buffer area.

(2) Buffer plant material may be arranged symmetrically (formal) or asymmetrically (informal) and may be grouped to form plant clusters. However, informal groupings that reflect the natural character of the region are encouraged.

(3) Plants shall be spaced to provide optimum growing conditions.

(4) Buffer plants shall be selected from Table 22-8-3, Plant Materials List.

(5) All landscape berm toes, where the slope of the berm meets the natural grade, shall be a minimum distance of 10 feet from the neighboring property line or the edge of the ultimate right-of-way.

G. Existing healthy trees, shrubs or woodlands, excluding Ash trees, may be substituted for part or all of the required plant material at the discretion of the Board of Supervisors. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer.

H. Where the length of the property or street frontage being buffered is less than 100 feet, a proportional amount of plantings shall be provided.

I. Furthermore, the minimum number of required plantings shall be rounded up to the nearest whole number.

J. Existing topographic conditions, such as embankments or berms, in conjunction with existing vegetation, may be substituted for part or all of the required property line buffers at the discretion of the governing body. The minimum visual effect shall be equal to or exceed that of the required buffer or screen.

5. Site Element Screens.

A. Site element screens shall be required in all proposed land developments and subdivisions around the following site elements:

(1) Parking lots of 10 or more stalls.

(2) Dumpsters, trash disposal or recycling areas.

(3) Service or loading docks.

(4) Outdoor sales or storage.

(5) Vehicle storage.

(6) Single-family attached rear yards facing streets.

(7) Multifamily rear yards facing streets.

(8) Single-family detached rear yards facing streets.

(9) Active recreation facilities.

(10) Aboveground stormwater management areas.

(11) Sewage treatment plants and pump stations.

B. The type of site element screen required shall be determined by the site element and the adjacent land use, according to Figure 4.4, Table of Types of Required Site Element Screens. In cases where more than one type of site element screen is allowed, the required site element screen type may be determined by Board of Supervisors, with the recommendation of the Township Planning Commission.

Figure 4.5 Types of Required Site Element Screens Existing Adjacent Land Use (or Permitted Land Use When Undeveloped)
Proposed Site Element	Office or Institutional	Commercial or Industrial	Residential	All Existing and Proposed Roads
Parking lots, 10 stalls or greater	None	None	Types 1 or 6	Types 1, 6 or 8
Dumpster, trash or recycling area	Types 4 or 7	Types 3 or 4	Types 4 or 7	Types 4 or 7
Service and loading docks	Types 2 or 5	None	Types 2 or 5	Types 2 or 5
Outdoor sales or storage yard and vehicle storage	Type 1	Type 1	Type 1	Type 1
Attached residential or multifamily rear yards	None	None	None	Type 6
Single-family detached rear yards	None	None	None	Type 6
Active recreation facilities	None	None	Type 6	None
Detention basins	Type 6	None	Type 1 or 6	None
Sewage treatment plants and pump stations	Types 1 or 7	None	Types 1 or 7	Types 1 or 7

C. An on-site investigation by the applicant shall determine the adjacent land uses along each property boundary. In the case of vacant land, the uses permitted by the existing zoning shall be used to determine the screen type. If more than one type of use is permitted on a site, the use that would require the highest intensity site element screen shall be used to determine the screen type. The existing or zoned uses shall be noted on the plan.

D. Site elements not included in the above list that have similar visual impact shall be screened in accordance with requirements for the most similar elements as determined by the Board of Supervisors.

E. Screen Location. The site element screen shall be placed between the site element and property lines, existing or proposed public streets and common use areas within a site and shall be designed to block views to the maximum extent possible. The screen shall be located as close as possible to the site element and shall surround the element without impeding function or encroaching on sight triangles.

F. Screen Types and Design Criteria. The following types of screens shall be used where specified in Figure 4.4, Table of Types of Required Site Element Screens.

(1) Screen Type No. 1: evergreen or deciduous shrubs. Shrubs shall be placed three feet on center in a minimum five-foot-wide bed surrounding the site element and arranged to provide a continuous hedge-like screen up to a minimum height of 3 1/2 feet at maturity. Shrubs may be clipped to form a hedge or left in their natural habit.

(2) Screen Type No. 2: double row of evergreen trees. A double row of evergreen trees shall be placed 10 feet on center and offset 10 feet to provide a continuous screen at a minimum height of 12 feet at maturity.

(3) Screen Type No. 3: opaque fence. A six-foot opaque fence surrounding the site element on at least three sides.

(4) Screen Type No. 4: opaque fence with ornamental trees and shrubs. A six-foot opaque fence surrounding the site element on at least three sides with additional plantings at the minimum rate of three shrubs and two ornamental trees for each 10 linear feet of proposed fence, arranged formally or informally next to the fence. An alternate option includes a six-foot opaque fence surrounding the site element on at least three sides with additional plantings at the minimum rate of five large shrubs for each 10 linear feet of proposed fence, arranged formally or informally next to the fence.

(5) Screen Type No. 5: architectural extension of the building. An eight-foot minimum height architectural extension of the building (such as a wing wall) shall enclose service or loading docks. The building materials and style of the extension shall be consistent with the main building.

(6) Screen Type No. 6: berm with ornamental trees. A two- to three-foot-high continuous curvilincar berm with ornamental trees at the rate of one tree for every 20 feet, clustered or arranged informally. There shall be no plantings on top of the berm. The maximum slope of the berm shall be four to one. All landscape berm toes, where the slope of the berm meets natural grade, shall be a minimum distance of 10 feet from the neighboring property line or the edge of the ultimate right-of-way.

(7) Screen Type No. 7: evergreen hedge. An evergreen hedge (such as arborvitae, chamaecyparis, etc.), minimum height at planting of six-foot plants, three feet on center maximum.

(8) Screen Type No. 8: low wall. A wall of brick or stone (not concrete block), no less than three and no more than four feet in height.

G. Screen plants shall be selected from Table 22-8-3, Plant Materials List.

H. Existing healthy trees, shrubs or woodlands may be substituted for part or all of the required plant material at the discretion of the Board of Supervisors. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer.

I. Existing topographic conditions, such as embankments or berms, may be substituted for part of all of the required property line buffers at the discretion of the Board of Supervisors. The minimum visual effect shall be equal to or exceed that of the required screen.

J. The applicant may propose the use of alternative screen types or changes in plant materials or designs which fulfill the intent of this chapter, with the approval of the Board of Supervisors.

§ 22-836 Mobile Home Parks.

[Ord. 3/29/1990B, § 829; as amended by Ord. 97-7, 10/13/1997, § 830; by Ord. 17-03, 3/27/2017; and by Ord. No. 22-05, 5/5/2022]

1. As residential land developments, mobile home parks shall comply with the requirements of this chapter and Chapter 27, Zoning.

2. In addition to sidewalks, pedestrian paths and/or bicycle path systems consistent with the requirements of this chapter, all mobile home lots shall be provided with paved individual walks to common walks, streets, driveways or parking areas. Individual walks shall have a paved minimum width of five feet.

3. An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.

4. The hitch which is employed for the normal movement of the unit shall be removed.

5. Outdoor collection stations shall be provided for garbage and trash removal when individual collection is not made and indoor storage is not provided.

6. Refuse collection stations shall be located so as to be separated adequately from habitable units to avoid being offensive, but at the same time be convenient for both collectors and residents, and shall be screened and landscaped adequately.

§ 22-837 Recreation Areas.

[Ord. 3/29/1990B, § 830; as amended by Ord. No. 22-05, 5/5/2022]

1. General Provisions.

A. Where recreation areas are required by Chapter 27, Zoning, or are proposed by the developer, such areas shall be suitable for recreational purposes or open space by reasons of size, shape, location, topography and access.

B. The recreational activities and/or facilities for which the area is intended must be specified on the development plans.

C. Recreation areas shall be readily accessible to all development residents, or, in the case of the Township accepting dedication of recreation areas, they shall be easily and safely accessible to the general public.

D. At least one side of the recreation area shall abut a street for a minimum distance of 50 feet for access of emergency and maintenance vehicles. Measures shall be taken, where necessary, to ensure that unsafe conditions will be avoided when recreation areas are adjacent to streets or parking lots.

E. The configuration of the recreation area must be able to accommodate recreation activities proposed by the development plans. The area shall not include narrow or irregular pieces of land which are remnants from lotting and/or street and parking areas. Recreation areas shall consist of a single contiguous tract of lane. Recreation areas shall have an appropriate area for access and a minimum area of 20,000 square feet.

F. Recreation areas shall be generally well drained and suitable for different forms of active and passive recreation with the following features:

(1) No more than 15% of the area consisting of environmental constraints such as wetlands, floodplains, or areas with greater than 15% slopes.

(2) No more than 50% of the area may be wooded.

(3) The area shall not be divided by a public or private road.

(4) Recreation areas shall not be traversed by utility easements unless said utilities are placed underground and no part of them or their supportive equipment protrudes above ground level.

(5) Recreation areas shall not contain storm drainage facilities, sewage treatment or disposal facilities of any type, water storage tank, well pump house, and any similar use or other use which is not related to or associated with recreation.

2. Dedication to the Township.

A. All applicants, excepting only those seeking approval of a minor subdivision as defined in § 22-202 of this chapter, shall, concurrent with the submission of a final plan of subdivision or land development, offer for dedication a portion of the land being subdivided or developed, as hereinafter set forth, as public recreation area. Applicants seeking approval of a minor subdivision, as defined in § 22-202 of this chapter, which consists of the division of one lot into two lots units shall submit and tender to the Township a fixed fee of $500 for the newly created lot in lieu of providing a public recreation area.

B. All applicants seeking approval of an annexation, as defined in § 22-202 of this chapter, which consists of the act of adding, joining or uniting of one lot to another lot, shall submit and tender to the Township a fixed fee of $500 for the annexation, in lieu of providing a public recreation area, concurrent with the submission of a final plan of annexation.

C. All recreation areas dedicated to the township shall comply with the standards present in § 22-837, Subsections 1 and 3.

3. Standards for Land Dedication.

A. Recreation areas dedicated to the Township for public use shall provide adequate open space and recreation land in accordance with the standards herein set forth in Subsection 2 accessible to such subdivision or development. In a case where the developer does not wish to retain the required recreation area or open space, or it is not accepted by an approved conservation organization, such area may be dedicated to the Township for public use.

B. Any land dedicated to the Township in fee simple title shall be used only for park, recreation or open space purposes and shall be available to all residents of the Township, subject to such regulations and rules as may be recommended by the New Hanover Township Parks and Recreation Committee and/or adopted by the Board of Supervisors of New Hanover Township.

C. The land to be dedicated shall have size, dimensions, topography, access and general character suitable for its proposed recreational use, as determined by the Board of Supervisors, in conjunction with the Township Park and Recreation Committee and the Township Planning Commission. Any land not suitable for active or passive recreation shall not be accepted as dedicated land; this includes areas within stormwater basins that could not be used for recreation.

D. The land shall be easily and safely accessible from all residential or occupied areas within the development or the general area to be served, and it shall have a minimum of 50 feet of road frontage.

E. The land shall be contiguous and regular in shape, where possible and practical.

F. The Board of Supervisors may, at its discretion, require that land to be dedicated be located along a property boundary so that such land may be combined with dedicated land or other recreation areas that are or will be adjacent to the land to be dedicated.

G. The land shall be located on soils suitable for use and development as a recreation area.

H. Such area or land as is dedicated or intended to be used and developed as and to be incorporated in the trail and bikeway system for the Township, by means of a grant of right-of-way or easement to the Township, shall be consistent in location, design, dimensions, topography and route as is consistent with that approved and recommended by the New Hanover Township Board of Supervisors and the Township Park and Recreation Committee for such uses and purposes and shall include a minimum of 0.0372 acres of land for each residential lot, dwelling unit or combination thereof, excluding only those subdivisions comprised of two or less tracts or parcels of real estate for single-family detached residential development which have not been the subject of prior subdivisions or land development submissions (consisting in total of two or less tracts or parcels of real estate), and a minimum of 0.03 acres of land shall be offered for dedication for each 1,000 square feet of building, structure or improvement proposed for any nonresidential land development plan.

I. Grants of rights-of-way or easements, intended to be used and developed as and to be incorporated in the trail and bikeway system for the Township, shall be not less than 20 feet wide and not more than 30 feet wide at any point along the length of said trail and shall include an additional twenty-foot-wide construction easement along the length of said trail which shall automatically terminate upon the completion of construction of the same and shall be consistent with the location, topography and route of the Township trail and bikeway system providing for interconnection of the various components throughout the Township.

J. A minimum of 0.0124 acres of land shall be offered for dedication in fee simple title for each residential lot, dwelling unit or combination thereof, excluding only those subdivisions comprised of two or less tracts or parcels of real estate for single-family detached residential development which have not been the subject of prior subdivisions or land development submissions (consisting in total of two or less tracts or parcels of real estate), and a minimum of 0.01 acres of land shall be offered for dedication for each 1,000 square feet of building, structure or improvement proposed for any nonresidential land development plan.

K. Except for rights-of-way or easements as hereinbefore provided in Subsection 3H and 3I with reference to the trail and bikeway system, no contiguous area of land shall be considered for dedication in fee simple title if it is less than 0.5 acres, and in no event shall the area proposed for dedication in fee simple title be less than 100 feet in width and the Board of Supervisors shall have the sole discretion not to approve or accept any area of land if it determines that the contiguous area of the same is insufficient to adequately serve as or provide park and recreation area.

L. When land is dedicated, acceptance by the Township shall be by means of a signed resolution and a signed deed of dedication executed by the property owner transferring title in fee simple to the Township or by grant of a right-of-way and easement to the Township, to which a property description of the dedicated area shall be attached in a form acceptable to and approved by the Township Solicitor. Subject to the submission of documentation to the Board of Supervisors for its approval and except as provided with regard to easements or rights-of-way for the trails and bikeway system, a fee simple warranty deed conveying the property shall be delivered to the Township with title free and clear of all liens, encumbrances and conditions, other than nonexclusive public utility easements.

M. If the Board of Supervisors deems it to be in the public interest to accept in dedication land for recreational purposes and/or open space purposes, such acceptance shall be by adoption of a resolution or ordinance of the Board of Supervisors and acceptance of a deed of dedication from the developer, and in addition thereto the developer shall contribute to the Township a sum of money to be determined by resolution of the Board of Supervisors. Said sum shall be deposited in a special maintenance account by the Township and shall be used only for the purpose of developing and maintaining dedicated land within the Township. In addition, where the Board of Supervisors has deemed it to be in the public interest to accept in dedication land for recreational purposes and open space purposes, the developer shall contribute to the Township a sum of money to be determined by resolution of the Board of Supervisors. Said sum shall be deposited in a special capital reserve account by the Township and shall be used only for the purpose of acquisition of land or capital improvements for park and recreation purposes.

N. Such recreation area shall not be part of any lot, but it shall be dedicated to the Township in fee simple title or, in the sole discretion of the Board of Supervisors, to the extent that the same is intended to be developed as part of the trail and bikeway system of the Township, it shall be dedicated to the Township as a right-of-way or easement to be perpetually maintained for the purposes intended with full access and used by the general public constituting the residents, constituents and the invitees of the Township, the documentation for which shall be submitted to and subject to the approval of the Board of Supervisors of New Hanover Township and its Solicitor and in the case of a right-of-way or easement for public use and access, the plan shall provide that the said defined right-of-way or easement is to be used and occupied exclusively as park, open space and recreation area, and is not to be subject of further disturbance, subdivision or construction of any building, structure or land development and that the document established and title to the same shall contain language that said defined right-of-way or easement is not subject to further disturbance, subdivision or construction of any building, structure or land development as a condition running with title to the land and the same shall be maintained in a manner open to the general public constituting the constituents, residents and invitees of the Township.

O. All areas dedicated under the provisions of this section shall be consistent with the specific goals, objectives, plans and recommendations of the Township Comprehensive Plan and the Township Open Space, Parks and/or Recreation Plan and are to be in accordance with the definite principles and standards contained in this chapter.

P. In lieu of land dedicated for recreation purposes, a fee may be paid, as hereinafter set forth in Subsections 4 through 6.

Q. The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreation facilities by future residents, occupants, employees or visitors to the subdivision or land development.

4. Standards for Fee in Lieu of Land Dedication.

A. Subject to the discretion of the Board of Supervisors, payment of a fee in lieu of land dedication shall be required:

(1) Where land dedication would result in open space or recreation areas too small to be usable.

(2) If the Township Comprehensive Plan or the Township Open Space, Parks and Recreation Plan recommends recreation land to be provided elsewhere.

(3) If a suitable site for recreation cannot be located within the development.

B. The applicant shall tender to the Township prior to or concurrent with final plan approval a fee-in-lieu of dedication calculated in an amount equal to $75,000 per acre if the plan is situate in the HI-Heavy Industrial District, LI-Light Industrial District, CB-1 Commercial Business District or CB-2 Commercial Business District; an amount equal to $55,000 per acre if the plan is situate in the R-15 Residential District, R-25 Residential District, TC-Town Center District, TN-Traditional Neighborhood District; or $35,000 per acre if the plan is situate in the R-2 Residential or R-2M Residential or in proportionate rate for any portion thereof, as hereinbefore required to be dedicated in fee simple title or an amount equal to one-third the value hereinbefore assigned per acre, or any portion thereof, in each zoning district, as hereinbefore required to be subject to a grant of right-of-way or easement with regard to each such subdivision or land development.

C. All fees paid in lieu of land dedication or recreational infrastructure shall be used for:

(1) The acquisition of land for parks, recreation areas, park facilities, open space and trails or bicycle facilities as component addition to the New Hanover Township system.

(2) The construction of improvements and recreational infrastructure.

(3) Costs incidental to such purposes including, but not limited to, planning, engineering, design, administrative and legal fees, utility relocation or installation, construction of sewage or water facilities, vehicular and pedestrian access, signage and the purchase of park equipment and maintenance.

D. All fees paid to the Township shall be deposited in a separate interest-bearing account established for such fees, the records for which shall clearly identify the specific subdivision/land development sites for which such fees have been received; interest earned on such fees shall become funds of that account and be subject to distribution or expenditure for any and all costs and expenses hereinbefore identified. Funds from such accounts shall be expended only in properly allocable portions of the costs incurred to acquire, construct or improve such specific, identifiable, and/or proposed recreation facilities for which such funds have or may hereafter be collected.

E. If the Township fails to use the fees collected from a particular applicant in accordance with this section within three years of the date such fees were paid, the specific applicant may submit a written request, on such forms as are established by the Township, for the refund of such fees, plus interest that accumulated thereon from the date of fee payment, which request shall be reviewed and acted upon by the Board of Supervisors of New Hanover Township with 45 days of the date of receipt.

5. Combination of Land Dedication and Fees in Lieu of Land Dedication.

A. The Township may accept a combination of land dedication in fee simple title, grants of rights-of-way and easements and fees in lieu of land in order to meet the requirements and standards of the New Hanover Township Open Space Park and Recreation Plan or such additional plans and designs as may be approved for the Township trail and bikeway system. Such combination shall be subject to the review and approval of the Board of Supervisors of New Hanover Township at its sole discretion.

B. The resulting combination of land and fees shall not, except as may be otherwise reduced to recognized rights-of-way granted for the trail and bikeway system, exceed the total acreage to be developed or the acreage which constitutes the basis of calculating the fee in lieu of dedication required by this part.

6. Decision of Land Dedication vs. Fees in Lieu of Land Dedication.

A. Before approving any site to be dedicated to the Township for recreational area and open space, the Board of Supervisors shall seek the advice of the Township Parks and Recreation Committee and the Township Planning Commission.

B. The Board of Supervisors shall determine whether land dedication, grant of rights-of-way and easements or fees in lieu of land shall be required. Such decision shall be made as early in the plan review process as possible but not later than concurrent with the preliminary plan approval.

C. The Board of Supervisors shall, in reaching its decision, consider the following factors, in addition to any other factors that may be applicable to a particular plan:

(1) If the land in that location serves a valid public purpose.

(2) If there is a need to make a reasonable addition to an existing park or recreation area.

(3) If the land meets the objectives and requirements of this section.

(4) If the area surrounding the proposed development has sufficient existing parks, recreation areas or facilities or open space and if pedestrians or bicyclists can safely reach these areas.

(5) Any relevant policies of the Township regarding parks, recreation areas and facilities and open space, including those within the Township Comprehensive Plan and the Township Open Space, Park and Recreation Plan.

(6) Any recommendations regarding such land that has been received from the Township and/or County Planning Commission, the Township Parks and Recreation Board, the Township Engineer and/or the Boyertown Area School District.

§ 22-838 Performance Standard Developments.

[Ord. 3/29/1990B, § 831; as amended by Ord. No. 22-05, 5/5/2022]

1. In addition to the other applicable provisions of this chapter and Chapter 27, Zoning, performance standard developments are subject to the following requirements:

A. Arrangement of Buildings and Facilities.

(1) All of the elements of the site plan should be organized harmoniously and efficiently in relation to topography, the size and shape of the plot, the character of the adjoining property and the type and size of the buildings, in order to produce a usable and efficient land use pattern.

(2) Arrangements of buildings should be in favorable relation to the natural topography, existing desirable planting, bodies of water, views within and beyond the site and exposure to the sun and other buildings on the site.

B. Access and Circulation.

(1) Access to the dwellings and circulation between buildings and other important project facilities for vehicular and pedestrian traffic shall be comfortable and convenient for the occupants.

(2) Access and circulation for firefighting and other emergency equipment, moving vans, fuel trucks, garbage collection, deliveries and snow removal shall be planned for efficient operation and convenience.

(3) Walking distance from the main entrance of a building to a street, driveway or parking area shall usually be less than 100 feet; any exception to this standard should be reasonably justified by compensating advantages, such as desirable views and site preservation through adaptation to topography. In no case shall the distance exceed 200 feet.

C. Yards. Yards shall assure adequate privacy, desirable outlook, adequate natural light and ventilation, convenient access to and around the dwellings, and other essential uses. Dwellings shall be located no closer than 20 feet from any area identified as wetlands or floodplains as established in § 22-833, Subsection 3C.

D. Grading.

(1) Grading shall be designed for buildings, lawns, paved streets and other facilities, to assure adequate surface drainage, safe and convenient access to and around the buildings and for the screening of parking and other service areas and the conservation of desirable existing vegetation and natural contours of the land.

(2) Grading around buildings shall be designed to be in harmony with natural topography and to minimize earthwork.

E. Streets.

(1) Streets shall be provided on the site where necessary to furnish principal traffic-ways for convenient access to the living units and other important facilities on the property.

(2) Streets shall conform to the design requirements and specifications of this chapter.

F. Driveways.

(1) Driveways shall be provided on the site where necessary for convenient access to the living units, garage compounds, parking areas, service entrances of buildings, collection of refuse and all other necessary services. Driveways shall enter public streets at safe locations.

(2) Driveways shall be planned for convenient circulation suitable for traffic needs and safety.

(3) All driveways shall be constructed and paved in a manner acceptable to the Township, and shall conform to the design specifications and requirements of this chapter.

G. Parking Areas.

(1) Paved parking areas shall be provided to meet the needs of the residents and their guests without interference with normal street traffic.

(2) Parking areas shall conform to the standards and requirements of this chapter and Chapter 27, Zoning.

H. Sidewalks.

(1) Street sidewalks and onsite walks shall be provided for convenience and safe access to all living units from streets, driveways, parking areas or garages and for convenient circulation and access to all facilities.

(2) Width, alignment and gradient of walks shall provide safety and convenience for pedestrian traffic. Small jogs in the alignment shall be avoided.

(3) The alignment and gradient of walks shall be coordinated with the grading plan to prevent the passage of concentrated surface water on or across the walk and to prevent the pocketing of surface water by walks.

(4) Sidewalks shall be constructed in accordance with the requirements of this chapter.

I. Refuse Collection Stations.

(1) Outdoor collection stations shall be provided for garbage and trash removal when individual collection is not made and indoor storage is not provided.

(2) Collection stations shall be located so as to be separated adequately from habitable buildings to avoid being offensive, but at the same time be convenient for both collectors and residents and shall be screened and landscaped.

J. Planting. The appeal and character of the site shall be preserved and enhanced by retaining and protecting existing trees and other site features. Additional new plant material shall be added for privacy, shade, beauty of buildings and grounds and to screen out objectionable features. The buffer yard and street tree requirements of this chapter shall be met.

§ 22-839 Nonresidential Developments.

[Ord. 3/29/1990B, § 832; as amended by Ord. No. 22-05, 5/5/2022]

1. Wider streets adjacent to areas proposed for nonresidential use may be required as deemed necessary by the Board of Supervisors, following a recommendation from the Township Traffic Engineer, to assure the free flow of through-traffic unimpeded by vehicles entering or leaving park areas.

2. The access requirements of this chapter shall be met.

3. For commercial uses, the developer may be required to provide separate access for service vehicles and loading areas from the vehicular access ways and parking areas intended for patron use. This may be accomplished by using a separate access point for service vehicles to move from the road to the loading area.

4. Adjacent residential areas shall be protected from potential nuisance of the proposed nonresidential developments. Buffer yards shall be provided as prescribed in § 22-835.

5. Parking areas shall be located or designed in such a manner that they are visibly secluded from eye level in any surrounding residential area. Grading to depress the parking area, raised berms, landscaping or fencing are satisfactory methods to create such seclusion.

6. All area, design and parking requirements shall conform to Chapter 27, Zoning, and this chapter.

7. Refuse Collection for Nonresidential Developments.

A. Outdoor collection stations shall be provided for garbage and trash removal when indoor collection is not provided.

B. Collection stations shall be screened from view per § 22-835.

C. Collection stations shall not be located in buffer yards.

§ 22-840 Bicycle Facilities.

[Ord. 3/29/1990B, § 833; as amended by Ord. 97-7, 10/13/1997, § 834; by Ord. 99-3, 6/28/1999, §§ 21-24; by Ord. 03-1, 9/28/2003, § 6; by Ord. 07-02, 3/26/2007, § 6; and by Ord. No. 22-05, 5/5/2022]

1. Bicycle Facility Definitions.

BICYCLE FACILITY

A general term used to designate all bicycle infrastructure along roadways. Examples of bicycle facilities are shown below.

BICYCLE LANES (STANDARD)

Standard bicycle lanes are a form of bicycle facility that are adjacent to vehicular travel lanes and marked specifically for bicycle use.

BUFFERED BICYCLE LANES

Bicycle facilities that use a painted buffer to increase separation between bicyclists and motor vehicles. Buffers can be installed on either side of the bike lane to separate it from the travel and parking areas. Crosshatching is often used to delineate the buffer area.

MARKED SHARED LANES

Marked shared lanes are bicycle facilities that include pavement markings and signage that reinforce the right of bicyclists to use the roadway and to remind drivers of the presence of bicyclists. Also known as "sharrows."

PAVED SHOULDER

Bicycle facility where areas of the roadway that are outside of the primary travel lane. They are often delineated by a painted line along the outer edge of the travel lane. These areas are not only designated for bicycles and may be used for parking.

PROTECTED BICYCLE LANES

Bicycle facilities with bicycle lanes that are separated from the roadway by physical barriers. These barriers can be flexible plastic posts, inanimate objects, curbs, parking lanes, or raised bumps made out of rubber or impact-resistant plastic.

WIDE OUTSIDE LANE

Wide outside lanes are bicycle facilities that are at least 14 feet wide and allow motor vehicles and bicycles to operate side by side.

2. Bicycle Facility Application.

A. This section provides input on when each bicycle facility may be utilized based on general roadway type and projected traffic volumes. All bicycle facilities shall comply with the American Association of State Highway and Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities Fourth Edition, as amended as well as PennDOT standards.

(1) The following table shall be used to determine which bicycle facilities are suitable for specific road classifications. If a bicycle facility has already been established on adjacent properties, then the Board of Supervisors may require a different bicycle facility to maintain consistency along the roadway.

Road Classification	25 MPH	35 MPH	40-55 MPH
Collector Street	Buffered bicycle lane Bicycle lane Paved shoulder* Wide outside lane*	Buffered bicycle lane Bicycle lane Paved shoulder* Wide outside lane*
Arterial Street		Protected bicycle lane Buffered bicycle lane Bicycle lane Paved shoulder (6' wide minimum width)* Wide outside lane*	Protected bicycle lane Buffered bicycle lane Paved shoulder (6' wide minimum width)*

NOTE:
*	The Board of Supervisors may allow these bicycle facilities if the other facilities are not feasible or suitable for the specific site.

(2) Protected bicycle lanes are best used on wider roads with high traffic volumes.

(3) Buffered bicycle lanes are suited for wider streets with higher traffic volumes and should be installed in areas where a five-foot conventional bicycle lane cannot be established.

(4) Standard bicycle lanes shall be at least six feet wide and are best suited for wider streets with higher traffic volumes.

(5) Paved shoulders shall be a minimum of five feet wide. When used along arterial roads, paved shoulders shall be a minimum of six feet wide. Paved shoulders are best suited for rural roadways where regular restriping of a bicycle lane may be cost prohibitive or where intermittent parking is expected.

(6) Marked shared lanes are best used on narrower roads with slower speed limits and lower traffic volumes where additional facilities cannot be installed due to space constraints.

(7) Wide outside lanes are best used on collector and arterial roads with higher traffic volumes where adequate width for the installation of a full bicycle lane is not available. They should only be relied upon for short distances as they will not provide significant bicycling comfort.

(8) The provision of shared-use paths, compliant with § 22-828, is encouraged.

B. When a subdivision or land development includes improvements to streets which have been specified on Bike Montco: The Bicycle Plan for Montgomery County or Township-adopted plans or maps to receive future bicycle infrastructure improvements, bicycle routes or lanes shall be created according to the road, speed and applicant's frontage as indicated in the aforementioned plans.

3. Bicycle Facility Requirements.

A. All subdivisions and land developments that front on or contain collector roads or roads of a higher classification shall be required to establish bicycle facilities along those roads. In lieu of establishing bicycle facilities, as described herein, subject to the discretion of the Board of Supervisors, a fee may be paid by the applicant in a subdivision or land development proposal according to the following schedule:

(1) For a subdivision or land development involving residential lots or dwelling units, $1,200 per residential lot or dwelling unit, or $18 per linear foot of existing and proposed roadway frontage, whichever sum is greater.

(2) For a subdivision or land development involving nonresidential lots, $1,200 for every 1,000 square feet of nonresidential building area.

(3) All fees paid in lieu of bicycle facilities shall be used on or for:

(a) The acquisition of land for bicycle facilities, multipurpose paths, or greenway trails, as component additions to the New Hanover Township system of parks, trails, greenways and open space as shown on the New Hanover Township Open Space Plan and subsequent updates.

(b) The construction of improvements on such land.

(c) Costs incidental to such purposes including, but not limited to, planning, engineering, design, administrative and legal fees, access, signage, equipment and maintenance.

(4) All fees paid to the Township shall be deposited in a separate interest-bearing account established for such fees, the records for which shall clearly identify the specific subdivision/land development sites for which such fees have been received. Interest earned on such fees shall become funds of that account and be subject to distribution or expenditure for any and all costs and expenses hereinbefore identified. Funds from such accounts shall be expended only in properly allocable portions of the costs incurred to acquire, construct or improve such specific, identifiable and/or proposed bicycle facilities, shared-use path or greenway trail for which such funds have or may hereafter be collected.

(5) If the Township fails to use the fees collected from a particular applicant in accordance with this section within three years of the date such fees were paid, the specific applicant may submit a written request, on such forms as are established by the Township, for the refund of such fees, plus interest that accumulated thereon from the date of fee payment, which request shall be reviewed and acted upon by the Board of Supervisors of New Hanover Township within 45 days of the date of receipt.

B. Construction Standards. All on-road bicycle facilities shall meet the design requirements of the road. All off-street shared-use paths shall meet the design requirements from § 22-828 for shared-use paths.

C. Bicycle Facility Fencing. All shared-use paths and bicycle facilities shall provide the following style of fencing along the length of the proposed trail, where specified by the Township. (The shared-use path and bicycle facility trail fence detail is attached hereto incorporated herein, marked as Exhibit "A."[1])

[1] Editor's Note: Said exhibit is on file in the Township offices.

D. Signs and Markings. All signs and markings required pursuant to the terms of this chapter shall conform to the standards set in the latest edition of the Manual on Uniform Traffic Control, or subsequent amendments, and PennDOT regulations.