The standards of design in this article shall be used to judge the adequacy of development proposals. Where, in the opinion of the Township, the literal application of these standards in certain cases would work undue hardship or would be plainly unreasonable, the Planning Commission may recommend, and the Board of Supervisors may approve, such reasonable modifications as will not be contrary to the public interest or general intent of this chapter. Modifications, if granted, shall be in accordance with the provisions set forth in Article
XIV. If questions arise regarding the interpretation of these design standards, the determination of the Board of Supervisors shall prevail. In making their determination, the Board may request the review and interpretation of these standards by the Township Engineer, Planning Commission and/or Township Solicitor.
Streets must be surfaced to the grades and dimensions drawn
on the plans, profiles, and cross-sections submitted by the applicant
and approved by the Board of Supervisors. Before paving the street's
surface, the applicant must install the required utilities and provide,
where necessary, adequate stormwater drainage for the street, acceptable
to the Supervisors. The pavement base, wearing surface, and shoulders
must be constructed according to the following specifications:
A. All components of street construction shall conform to the specifications
set forth in Publication 408, published by the Commonwealth of Pennsylvania,
Department of Transportation, as updated or amended.
B. Prior to placement of stone base material, the Township shall be
contacted to determine the suitability of the compaction and grading
of the subgrade material.
C. Prior to placement of the binder paving, the Township shall be contacted
to determine the suitability of the compaction and grading of the
stone base material.
D. Two working days prior to placing any pavement, the Township shall
be notified of the proposed work so that a Township representative
can be on-site while the pavement is being placed.
E. All subgrade, stone base material, subbase pavement (if applicable),
and base pavement must lay over the winter months through May 1, before
being paved with the wearing course. The wearing course shall only
be placed between May 1 and October 31.
F. Residential streets.
(1) Subgrade. All topsoil shall be removed to the natural subsoil and
the proposed roadway brought up to subgrade level with approved shale
a minimum of 34 feet wide.
(2) Subbase. A minimum of six inches of PennDOT 2A coarse aggregate,
rolled and compacted, shall be placed a minimum of 30 feet wide for
cartway and shoulder construction. As an alternative, a minimum of
four inches of approved shale, rolled and compacted, and then a minimum
of four inches of PennDOT 2A coarse aggregate, rolled and compacted,
shall be placed a minimum of 30 feet wide for cartway and shoulder
construction.
(3) Binder. A minimum of 3.5 inches of 25 mm Superpave mix, rolled and
compacted, shall be placed a minimum of 28 feet wide for cartway and
shoulder construction.
(4) Wearing. A minimum of two inches of 9.5 mm Superpave mix, rolled
and compacted shall be placed a minimum of 28 feet wide for cartway
and shoulder construction.
G. Commercial and industrial streets.
(1) Subgrade. All topsoil shall be removed to the natural subsoil and
the proposed roadway brought up to subgrade level with approved shale
a minimum of 42 feet wide.
(2) Subbase. A minimum of eight inches of PennDOT 2A coarse aggregate,
rolled and compacted, shall be placed a minimum of 38 feet wide for
cartway and shoulder construction. As an alternative, a minimum of
six inches of approved shale, rolled and compacted, and then a minimum
of four inches of PennDOT 2A coarse aggregate, rolled and compacted,
shall be placed a minimum of 38 feet wide for cartway and shoulder
construction.
(3) Base pavement. A minimum of six inches of 37.5 mm Superpave mix,
rolled and compacted, shall be placed a minimum of 36 feet wide for
cartway and shoulder construction. BCBC shall be placed and compacted
in lifts with a maximum depth of three inches.
(4) Wearing. A minimum of 1.5 inches of 9.5 mm Superpave mix, rolled
and compacted, shall be placed a minimum of 36 feet wide for cartway
and shoulder construction.
H. Shoulder area and striping. The outermost three feet on either side
of the twenty-eight-foot pavement for residential streets and the
outermost six feet on either side of the thirty-six-foot pavement
for commercial and industrial streets shall be designated as the shoulder
area. Shoulder areas on all streets shall be constructed with full
depth cartway construction materials. Striping: A four-inch-wide,
yellow, painted line shall be provided along the center line of all
newly constructed streets prior to being offered for dedication to
the Township. Line painting shall be completed in accordance with
the applicable PennDOT specifications.
Whenever required and/or provided under the provisions of this
chapter, all access drives and driveways shall be designed according
to the following standards.
A. The general layout shall be such that there will be no need for motorists
to back into the public road right-of-way.
B. Access drives for nonresidential and agricultural uses shall be paved
between the street and dedicated right-of-way line in accordance with
the Township specifications for street construction. Within this area,
the driveway pavement shall not be less than 24 feet in width, nor
exceed 35 feet except as increased by the curb or pavement radii.
C. The minimum radius of the curb or edge of pavement at commercial
or industrial driveway entrances shall be 35 feet.
D. Access drives and driveways shall not cross the street right-of-way
lines:
(1) Within 50 feet of the street right-of-way line of an intersecting
street, and in no case less than 10 feet from the point of tangency
when the intersecting street lines are joined by a curve. This dimension
may be increased for access drives to shopping centers, or other commercial,
industrial, public or institutional uses.
(2) Within 10 feet of a fire hydrant, catch basin or drain inlet.
(3) Within 40 feet of another access drive or driveway.
(4) Within three feet of a property line unless two adjoining owners
mutually agree to a common access drive.
E. Access to the public highway or street shall be controlled in the
interest of public safety. Off-street parking, loading, and service
areas that are used for nonresidential purposes and are within 30
feet of a reserved, or dedicated, road right-of-way line, shall be
physically separated from the highway or street by a curb or fence,
and a planting strip.
F. Access drives and driveways shall be located in safe relationship
to minimum safe stopping sight distances used by the Pennsylvania
Department of Transportation, based on posted speed limits and average
center line slope, as well as to barriers to vision. Access drives
and driveways shall not exceed a slope of 7% within 12 feet of the
street line. When drives enter a bank through a cut, unless a retaining
wall is used, the side slopes of the cut shall be graded to not more
than one foot vertical to two feet horizontal within 10 feet of the
point the drive intersects with the right-of-way line.
G. At nonresidential and agricultural driveway entrances, a seventy-five-foot
clear sight triangle shall be provided, in which no building or structure,
business related sign, wall, fence, hedge, tree, shrub or other growth
shall be placed except for utility poles, light standards, street
signs and fire hydrants. The clear sight triangle shall be depicted
on the approved plan.
Each subdivision and land development shall construct and dedicate
recreational facilities and land, or pay a fee-in-lieu of such construction
and dedication to the Township in accordance with the following requirements:
A. Construction and dedication of recreational facilities.
(1) Recreation study. Where a subdivider/developer proposes to construct
and dedicate recreational facilities and land to the Township, a recreation
study shall be submitted along with the plan submission, prepared
by a professional with demonstrated experience in the planning and
design of recreational facilities and amenities which addresses the
following:
(a)
Demographic analysis. Identify the anticipated composition and
characteristics of the occupants of the proposed subdivision or land
development; the expected types of recreational amenities to be provided;
and why the land where the recreational facilities are proposed adequately
accommodates the recreational function including attendant off-street
parking facilities.
(b)
Land area requirements for dedication.
[1]
A minimum of 1,500 square feet of suitable recreation land shall
be dedicated for each dwelling unit within a residential subdivision
or land development.
[2]
A minimum of 10% of the net land area in any nonresidential
subdivision or land development shall be established for recreation.
[3]
Land offered for dedication shall be contiguous and shall not
be less than 10 acres.
(c)
Criteria for determining location and suitability.
[1]
The proposed recreation area to be dedicated shall comply with
and be subject to the following criteria:
[a] Be easily and safely accessible, have good ingress
and egress and have direct access to a public roadway.
[b] Be contiguous and regular in shape.
[c] Have suitable topography and soil conditions for
use and development as a park or recreation area.
[d] A minimum of 75% of the required area shall not
exceed a slope of 7%.
[e] No more than 25% of the required area may be within
floodplain or wetland areas.
[f] Be served by all available utilities, such as water,
sewer and electric.
[g] Be compatible with the objectives, guidelines and
recommendations as set forth in the North Newton Township Park and
Recreation Plan, as amended.
(d)
Land that is subject to one or more of the following features
will disqualify it for acceptance for dedication as recreational land:
[1]
Parkland dedication sites abutted by existing residences where
in the judgment of the Board of Supervisors the character of the proposed
recreation facility would not be compatible with the existing residential
neighborhood.
[2]
Areas encumbered by overhead utility lines or easements of any
type that might limit the opportunity for park and recreation development.
[3]
Land used or otherwise encumbered by hazardous and/or municipal
waste materials or dump sites.
[4]
Land used for stormwater management structures.
(e)
Exemptions. The following subdivisions or land developments
shall be exempt from the provisions of this section:
[1]
Subdivision of land into two or more lots appropriately restricted
to agricultural purposes.
[2]
Subdivision of land into two or more lots for the purpose of
reconciling adjoining property lines or lot additions not involving
additional development.
[3]
Subdivision or land development of the Township, municipal authority,
or school district.
[4]
Expansion of an existing developed nonresidential building and/or
structures which is required to prepare a land development plan.
[5] Land development for an agricultural use only.
(f)
Construction and dedication of recreational facilities. Where the subdivider/developer proposes to construct and dedicate recreational facilities to the Township, the improvements shall be secured in accordance with the applicable provisions of Article
XIII herein. Additionally, all land to be dedicated shall be free and clear of all liens, encumbrances and easements, excepting however existing building restrictions, easements of roads; rights of public utility companies, if any. Otherwise, the title to the land shall be good and marketable as will be insured by a reputable title insurance company at the regular rates.
B. Payment of fee in lieu of dedication.
(1) As an alternative to dedication of land, the developer or subdivider
may agree to pay a fee-in-lieu of dedication.
(2) The cash payment in-lieu of land dedication shall be met by the payment
as determined by resolution of the Board of Supervisors as duly amended
from time to time based upon a per-dwelling fee for residential units
and a per acreage fee for nonresidential subdivisions or land developments.
(3) All fees paid hereunder shall be due and payable in full upon approval
of the final subdivision or land development plan or phase or section
thereof and shall be paid prior to the release of any plan for recording.
(4) All monies paid to the Township pursuant to this section shall be
deposited and utilized in accordance with the provisions and requirements
of the Pennsylvania Municipalities Planning Code.