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.
A.
No land shall be subdivided or developed for any purposes unless
all hazards to life, health, or property from flood, fire and disease,
shall have been eliminated or unless the plans for the project shall
provide adequate safeguards against such hazards.
B.
Proposed projects shall be coordinated with existing nearby neighborhoods
so that the community as a whole may develop harmoniously.
C.
If the Board of Supervisors determines that only a part of a proposed
plan can be safely developed, it shall limit development to that part
and shall require that development proceed consistent with this determination.
D.
If the Board of Supervisors determines that additional controls are
required to insure safe development, it may require the developer
to impose appropriate deed restrictions on the land. Such deed restrictions
shall be inserted in every deed and noted on every recorded plan.
A.
General layout. In general, the lengths, depths and shapes of blocks
and lots must be determined with regard to:
(1)
Provision of adequate building sites suitable to the special needs
of the type of use contemplated.
(2)
Minimum lot size requirements, lot dimensions, required setbacks,
yard areas and other open areas.
(3)
Need for convenient access, circulation, control and safety of street
traffic.
(4)
Limitations and opportunities of topography.
B.
Block length. Blocks shall be not less than 500 feet long nor more
than 1,800 feet long. In the design of blocks longer than 1,200 feet,
special consideration shall be given to the requirements of satisfactory
fire protection.
C.
Block width. Blocks shall be deep enough for two tiers of lots unless
through lots are recommended by the Planning Commission and approved
by the Board of Supervisors.
[Amended 4-3-2018 by Ord.
No. 2018-1]
D.
E.
Lot lines. Lot lines shall be approximately at right angles or radial
to street lines, so long as reasonably shaped lots result.
F.
Double frontage lots. Double frontage or through lots are to be avoided
and generally will not be permitted unless site conditions clearly
warrant their use, and unless such lots are a minimum of 200 feet
deep. Access to double-frontage lots shall be limited to the street
of lower classification.
G.
Nonresidential lots. The width and depth of parcels laid out or reserved
for nonresidential uses shall provide sufficient space for off-street
parking, loading and unloading, landscaping, and other needed facilities.
[Amended 4-3-2018 by Ord.
No. 2018-1]
(1)
The side and rear setback areas may be used for customer and employee parking, driveways, utilities, and stormwater management facilities as long as they comply with § 260-32G(2).
(2)
The side and rear setback areas shall not be used for any type of
material, vehicle, or equipment storage.
(3)
A twenty-foot-wide strip along the side and rear property lines shall
be landscaped with ground cover and plant material and shall not contain
impervious cover except for the crossing of necessary entrance/exit
driveways.
(4)
A ten-foot-wide strip beyond the reserved or dedicated right-of-way
of any road or street shall be landscaped with ground cover and plant
material and shall not contain impervious cover except for the crossing
of necessary entrance/exit driveways.
(5)
Proposed driveway entrances within the Township road right-of-way
shall be improved, in accordance with the applicable Township road
construction specifications, to their full width from the edge of
the pavement to the dedicated right-of-way line prior to occupancy
of the structure.
A.
Street pattern. The proposed street pattern shall be integrated with
existing and/or officially planned streets and it shall be related
to topography so as to produce usable lots and reasonable street grades.
B.
Street access.
(1)
Streets shall be laid out to provide for access to all lots and to
adjacent undeveloped areas, and the subdivider or developer shall
improve or reserve access streets to the limits of the subdivision
or land development.
(2)
Each subdivision or land development plan shall be designed to provide
for access to each lot or development by a public street. Private
streets, if approved, shall be designed and constructed in accordance
with the standards set forth in this chapter.
(3)
New half or partial streets will not be permitted, except where essential
to reasonable subdivision of a tract in conformance with the other
requirements and standards of these subdivision and land development
regulations and where, in addition, satisfactory assurance for dedication
of the remaining part of the street can be secured.
C.
Design and purpose. Streets that will be dedicated to the Township
shall be designed for their intended use and to preserve the integrity
of their design in accordance with the following functional classifications:
(1)
Residential streets. Shall have a fifty-foot-wide right-of-way and
be constructed to provide access to each lot being created in a residential
subdivision.
(2)
Commercial/industrial streets. Shall have a sixty-foot-wide right-of-way
and be constructed to provide access to each lot being created in
a commercial or industrial subdivision.
D.
Continuations. Where reasonable and practicable, new streets shall
be laid out to continue existing streets at no reduction in width.
Greater widths may be required.
E.
Street names. Continuations of existing streets shall be known by
the same name; but names for other streets shall not duplicate or
closely resemble names for existing streets in the Township.
F.
Dead-end streets. Dead-end streets shall be prohibited, except as
stubs to permit future street extension into adjoining tracts, or
where designed as cul-de-sac.
G.
Cul-de-sac streets.
(1)
Permanent cul-de-sac streets shall not be utilized whenever a through
street is more advantageous. The applicant must demonstrate that there
is no other reasonable manner in which to access the land served by
the cul-de-sac. Topography, parcel shape, parcel size, natural features,
wetlands and existing adjacent land use and development should be
considered in determining whether a cul-de-sac is appropriate.
(2)
The length of cul-de-sac streets shall not exceed 1,000 feet, nor
be less than 250 feet. The length of a cul-de-sac shall be measured
from the center line intersection of the nearest through street to
the center of the cul-de-sac turnaround.
(3)
Cul-de-sac streets shall include a paved, circular turnaround having
a minimum radius to the outer pavement edge or curbline of 50 feet,
and a minimum radius to the right-of-way line of 60 feet. Cul-de-sac
streets accessing commercial or industrial development shall be reviewed
for adequacy by the Township Engineer. Additional right-of-way and/or
pavement may be required.
(4)
Turnaround grade. No cul-de-sac turnaround shall have a center line
grade exceeding 4%.
(5)
Cul-de-sac streets shall provide access to no more than 20 dwelling
units.
(6)
There shall be no more than three driveways off the circular turnaround.
Any lots designed with frontage on both the circular turnaround and
the street leading to it shall only be allowed driveway access to
the street portion of the frontage and not to the circular turnaround.
(7)
Mailboxes for the three lots on the circular turnaround shall be
grouped together at one location on a single pedestal.
(8)
A notation shall be made on the plan regarding mailbox and driveway
locations. The mailbox and driveway locations shall be shown for all
lots with frontage along the circular turnaround.
(9)
No panhandle lots shall be accessed from the circular turnaround.
H.
Temporary cul-de-sac streets. Any street which is terminated for access to an adjoining property or because of phased development authorized in the approval of the subdivision or land development plan, shall be provided with a turnaround constructed in accordance with § 260-34F(1), (2) and (3) or 260-34G(1), (2) and (3), as applicable. The use of such turnaround shall be guaranteed until such time as the street is extended. When a temporary cul-de-sac has been designed for future access to an adjoining property, the turnaround right-of-way shall be placed adjacent to the property line, and a right-of-way of the same width as the street shall be carried to the property line in such a way as to permit the extension of the street into the adjoining tract. The developer who extends a street which has been provided with a temporary turnaround shall remove the temporary turnaround and restore the area adjacent to the extended street.
I.
Additional right-of-way. Where a subdivision or land development abuts or contains an existing State or Township street or highway, the plan shall provide for additional right-of-way if necessary, to bring the street up to the minimum widths prescribed by § 260-33C.
J.
Improvement to curbline. Where a subdivision or land development abuts or contains an existing state or Township street or highway and the plan provides for the installation of curbing or shoulders, the plan shall also provide for additional stone base and paving between the existing cartway edge and the new curb, or shall provide for the widening of the existing cartway and the addition of, or widening of, the shoulder, in accordance with the standards prescribed by § 260-34.
K.
Clear sight distance. Clear sight distance along the center lines
of local streets shall be maintained at not less than 250 feet.
L.
Grades. The minimum grade for all streets shall be 0.5%, and the
maximum grade shall not exceed 8%. Steeper grades may be permitted
for short distances if no gentler slope is possible.
M.
Horizontal curves. Changes in street direction shall be made by horizontal
curves with a minimum radius of 200 feet. These radii are to be measured
at the center line. Shorter radii may be permitted on recommendation
of the Township Engineer.
N.
Vertical curves. Changes in grade shall be joined by vertical curves,
and the maximum rate of change of grade shall be 5%, provided that
the clear sight distances specified above are maintained at all points.
O.
Crown. The slope of the crown on all streets shall be more than 1/8
inch per foot and less than 1/3 inch per foot as directed by the Township
Engineer.
P.
Side slopes. Street cuts and fills shall be provided with side slopes
no steeper than one vertical to three horizontal. Such slopes shall
be suitably planted with perennial grasses or other vegetation to
prevent gullying and erosion.
Q.
Intersections. Street intersections shall be designed according to
the following standards:
(1)
No more than two streets shall cross at the same point. Street intersections
shall be at right angles wherever possible, and intersections of less
than 70° (measured at the center line intersection of the streets)
will not be permitted.
(2)
Intersecting streets shall not enter into the same side of the street
at intervals of less than 800 feet. Local streets entering another
street from opposite sides should be directly opposite each other;
or if necessary, they may be separated by at least 150 feet between
center lines measured along the center line of the cross street. Greater
offset may be required by the Planning Commission depending on the
importance of the cross street.
(3)
Maximum grade within any intersection shall not exceed 5% in any
direction, and approaches to any intersection shall follow a straight
course within 100 feet of the intersection. Where the grade of any
street at the approach to an intersection exceeds 7%, a leveling area
shall be provided, having not greater than 4% grades for a distance
of 100 feet, measured from the intersection of the center lines.
(4)
At the intersection of residential streets, the radius of the curb
or edge of the shoulder shall be a minimum of 25 feet. At the intersection
of commercial/industrial streets, the radius of the curb or edge of
the shoulder shall be a minimum of 35 feet.
(5)
The minimum radius of intersecting rights-of-way lines shall be 40
feet.
(6)
At local street intersections and commercial/industrial use driveways,
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.
R.
Private rights-of-way. The Supervisors, upon the recommendation of the Planning Commission, may, at the Board's discretion, grant modification of the requirement that lots or developments be accessed by a public street if the literal enforcement of said requirement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modification shall not be contrary to the public interest and that the purpose and intent of the ordinance is observed, and further provided that each lot or development is sufficiently accessed by a private right-of-way, which shall be a minimum of 50 feet in width, and shall be adequately designed to safely accommodate the traffic expected from the proposed and foreseeable development, and provided further that the proposed private right-of-way shall not be required to carry significant traffic. It shall be the responsibility of the applicant to substantiate adequately the need for such relief in accordance with Article XIV.
(1)
Private rights-of-way shall not be approved if:
(a)
A bridge or other structure is located on the private right-of-way
which is not in conformity with standards determined appropriate by
the Township Engineer.
(b)
Access to the properties serviced by the private right-of-way
by emergency vehicles shall be inhibited.
(c)
The private right-of-way would service more than three dwelling
units, lots, or other units of occupancy.
(d)
The private right-of-way is to be located on the turnaround
portion of a cul-de-sac street.
(2)
The private right-of-way shall be improved with a dustless surface
as specified on the final plan. When serving more than one lot, a
minimum of six inches shale and two inches 2A modified shall be required
along with a minimum cartway width of 18 feet with the cartway placed
in the center of said right-of-way. Rights-of-way serving more than
one lot shall have the entire fifty-foot right-of-way cleared of all
obstacles (i.e., trees, shrubs, rocks, structures, etc.) and shall
be planted in grass. Any private right-of-way serving one lot and
running through or between existing lots shall be a minimum of eight
inches shale up to the point where the bordering lots end and shall
have the cartway placed in the center of said right-of-way.
(4)
Whenever a subdivider or developer proposes to provide access to
a subdivision or development by a private right-of-way, the Township
shall require that he submit two copies of a proposed agreement on
plan as well as two copies of an appropriate deed restriction. The
agreement and deed restriction shall establish responsibility for
street maintenance and repair, right-of-way maintenance including
mowing, snow and ice removal, maintenance of clear sight distance
within the clear sight triangle, and upkeep of the road bed and drainage
facilities. Said agreement shall be provided on the plans and recorded
with the final subdivision or land development plan.
S.
Access by panhandle design. Panhandle lots may be permitted in all
zoning districts when in compliance with the following:[1]
(1)
It is the desire of North Newton Township to minimize the use of
panhandle lots in new subdivision design. However, it is recognized
that there may be circumstances which promote the use of a panhandle
design as the best, most practical means of access to otherwise landlocked
tracts, or to allow subdivision of an excessively deep tract with
little frontage. Therefore, the Board of Supervisors, upon the recommendation
of the Planning Commission, may approve the utilization of panhandle
lots to provide access, provided that the topography of the land to
be developed and the adjacent public street shall safely accommodate
the number of proposed access areas. Where traffic safety would be
promoted, the Township may require adjacent panhandled lots to share
one access road and the Township may require a formal written covenant
to run with the land to establish rights and responsibilities of the
panhandle lot owners. Access roads for panhandle lots shall be a minimum
of eight inches shale up to the points where the existing bordering
lots end, and the cartway shall be placed in the center of said panhandle.
(2)
Frontage on an existing or proposed public street is required to
be at least 50 feet for a single panhandle lot and 75 feet for two
adjacent panhandle lots together sharing one access road.
(3)
The area of a panhandle lot for determining compliance with the minimum lot area requirements of Chapter 300, Zoning, shall not include the area of the panhandle. All required setbacks are relative to the interior portion of the lot, not the panhandle.
(4)
The applicant shall request permission for panhandle design in writing at the time of plan submittal, or sketch plan review. The request shall be treated as a modification of ordinance requirements, and it shall be the responsibility of the applicant to substantiate adequately the need for such relief in accordance with Article XIV.
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.[1]
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.[1]
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.[2]
A.
When easements are required for any utility serving a subdivision
or land development, they must be a minimum of 20 feet wide and must,
to the fullest extent possible, be adjacent to or centered on rear
or side lot lines.
B.
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream, there shall be provided a drainage easement conforming
substantially with the line of such watercourse, drainageway, channel
or stream, and of such width as will be adequate to preserve the unimpeded
flow of natural drainage as required by this chapter, or for the purpose
of widening, deepening, relocating, improving or protecting such drainage
facilities, or for the purpose of installing a stormwater piping.
A.
At least two permanent survey monuments must be located and set for
any subdivision plan. These monuments should be located at the intersection
of lines forming angles in the boundary of the subdivision, or at
the intersection of street right-of-way lines. Monuments shall also
be set at such intermediate points as may be required by the Township
Engineer.[1]
B.
Monuments shall be four inches square or four inches in diameter
and shall be 30 inches long. They shall be made of concrete, stone,
or by setting a four-inch cast iron or steel pipe filled with concrete.
Monuments shall be marked on top with a copper or brass plate or cross,
or with a pin or dowel set in the concrete.
C.
Iron pin markers shall consist of iron or steel pipes or bars not
less than 1/2 inch in diameter, and not less than 24 inches long.
Markers shall be set at all corners except those that are monumented,
at the beginning and ending of all curves along street property lines,
and at all points where lot lines intersect curves, either front or
rear.
D.
Monuments and markers must be placed so that the scored or marked
point coincides exactly with the point of intersection of the lines
being monumented. They must be set so that the top of the monument
or marker is level with the finished grade of the surrounding ground.
A.
The Township may require that wherever a proposed subdivision or
land development averages three or more lots per gross acre or six
or more dwelling units per gross acre or contains a building or buildings
totaling 20,000 square feet or more, or where any subdivision or land
development is immediately adjacent to or within 1,000 feet of any
existing subdivision or land development having curbs, curbing shall
be installed on each side of the street surface in accordance with
the Township's specifications. The Township may require the installation
of curbs in any subdivision or land development where the evidence
indicates that such improvements are necessary.
B.
Curbs shall be constructed of cement concrete, 18 inches in total
height, eight inches thick, with a one-inch bevel at the top. The
curb reveal from the road surface shall be eight inches. Material
and installation specifications shall follow current PennDOT Form
408 requirements.
A.
The Township may require that wherever a proposed subdivision or
land development averages three or more lots per gross acre or six
or more dwelling units per gross acre or contains a building or buildings
totaling 20,000 square feet or more, or where any subdivision or land
development is immediately adjacent to or within 1,000 feet of any
existing subdivision or land development having sidewalks, sidewalks
shall be installed on at least one side of the street in accordance
with the Township's specifications. The Township may require the installation
of sidewalks in any subdivision or land development where the evidence
indicates that such improvements are necessary.
B.
Sidewalks shall be located within the right-of-way of the street,
shall be four feet in width. They shall be constructed of cement concrete
according to the standards set forth in the most recent edition or
revision of PennDOT Form 408 Specifications. A three-foot-wide grass
strip shall be provided between the curb and sidewalk.
C.
The Board of Supervisors, upon recommendation by the Planning Commission, may waive a requirement for the construction of sidewalks. A written request for such consideration shall be submitted by the subdivider/developer, and it shall be acted upon in accordance with the provisions of Article XIV.
A.
Where a public sanitary sewer system is within 150 feet, or where
plans approved by the municipality provide for the installation of
such public sanitary sewer facilities to within 150 feet of a proposed
subdivision, the subdivider shall provide the subdivision with a complete
sanitary sewer system, if, in the Supervisor's opinion, and on the
recommendation of the Planning Commission, it is feasible.[1]
B.
Where the installation of a sanitary sewer system is not required,
the subdivider or owner of the lot shall provide for each lot, at
the time improvements are erected thereon, a private sewage disposal
system consisting of a septic tank and tile absorption field or other
approved sewage disposal system. All such individual sewage disposal
systems shall be constructed in accordance with the "Rules and Regulations
of the Pennsylvania Department of Environmental Protection."
C.
Where a private community sewerage system is proposed, such system
shall be subject to approval of the Pennsylvania Department of Environmental
Protection before approval by the Township. As a condition of Township
approval, the Board, upon recommendation of the Planning Commission,
may establish terms for future acceptance of such system on behalf
of the Sewer Authority, which may include a deferral of acceptance
or a permanent refusal to accept. The design and installation shall
be subject to the approval of the entity having jurisdiction as a
condition of Township approval. All private, community sewerage systems
shall be owed and maintained by a perpetual entity and such ownership
and maintenance responsibility shall be clearly established as a condition
of final plan approval.
D.
Where a water main supply system is within 150 feet of a proposed
subdivision, or where plans approved by the municipality provide for
the installation of such public water facilities, the subdivider shall
provide the subdivision with a complete water main supply system to
be connected to the existing or proposed water main supply system
if, in the Supervisor's opinion, and on the recommendation of the
Planning Commission, it is feasible. The design and installation shall
be subject to the approval of the agency or entity having jurisdiction
as a condition of Township approval.[2]
E.
Where a private community water system is proposed, such system shall
be subject to the applicable approval of the Pennsylvania Department
of Environmental Protection before approval by the Township. As a
condition of Township approval, the Board, upon recommendation of
the Planning Commission, may establish terms for future acceptance
of such system, which may include a deferral of acceptance or a permanent
refusal to accept. All private community water systems shall be owned
and maintained by a perpetual entity, and such ownership and maintenance
responsibility shall be clearly established as a condition of final
plan approval.
F.
Where water is to be provided by means other than by private wells
owned and maintained by the individual owners of lots within the subdivision
or development, applicants shall present evidence to the Board of
Supervisors that the subdivision or development is to be supplied
by a certificated public utility, a bona fide cooperative association
of lot owners, or by a municipal corporation, authority, or utility.
A copy of certificate of public convenience from the Pennsylvania
Public Utility Commission or an application for such certificate,
a cooperative agreement or a commitment or agreement to serve the
area in question, whichever is appropriate, shall be acceptable evidence.
See Chapter 249, Stormwater Management.
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.
(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.
