Township of East Nottingham, PA Part 5 DESIGN STANDARDS

§ 22-501 General.

[Ord. 1997-1, 5/12/1997, § 501]

1. The standards and requirements contained in this Part shall apply as minimum standards for subdivision and/or land development in East Nottingham Township.

A. Whenever the Zoning Ordinance [Chapter 27] provides that the use proposed by the applicant for subdivision and/or land development approval shall constitute a use by special exception or a conditional use, the applicant shall obtain such special exception or conditional use approval from the Zoning Hearing Board or the Board of Supervisors, as applicable, prior to the submission of the preliminary plan. The plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such special exception or conditional use by the Zoning Hearing Board or the Board of Supervisors, as applicable.

B. Whenever the applicant proposes to develop a subdivision and/or land development in a manner that would require a variance from any requirements of the Zoning Ordinance [Chapter 27], the applicant shall obtain such variance from the Zoning Hearing Board prior to the submission of the preliminary plan. The plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such variance or variances by the Zoning Hearing Board.

§ 22-502 Streets, Access Drives, and Driveways.

[Ord. 1997-1, 5/12/1997, § 502; as amended by Ord. 2000-8, 12/11/2000, §§ 1, 2; by Ord. 2003-9, 7/14/2003, § 1; and by Ord. 2008-11, 2/19/2008, § 1]

1. Conformance with Adopted Plans. The proposed street pattern shall be properly related to existing streets, to official maps, and to such county and state road and highway plans as have been duly adopted.

2. Private Streets. Private streets and/or rights-of-way shall not be permitted except to serve one or two interior lots. In such cases, the design of private streets shall be subject to the approval of the Board.

3. Major Street Design. The design standards for major streets shall be as specified by the Pennsylvania Department of Transportation and based upon the projected average daily traffic and speed limit.

4. Arrangement. The following criteria shall be considered in the design of streets in all subdivision and land development plans:

A. The arrangement of streets shall conform to the circulation plan of the County and Township Comprehensive Plans, to official maps, and to such Township, county and state road and highway plans as have been duly adopted.

B. For streets not shown on the official map, the arrangement shall provide for the appropriate extension of existing streets and shall conform as closely as possible to the original topography.

C. Residential local streets shall be arranged so as to minimize through traffic and discourage excessive speeds.

D. Streets shall be designed with drainage grates that are safe for crossing by bicycles or horse-drawn vehicles.

E. Adequate vehicular and pedestrian access shall be provided to all lots.

F. Curvilinear streets and culs-de-sac should be utilized only where their use will be consistent with the adjoining development patterns, topography, and natural features of the site. Culs-de-sac should not be used where it is possible to provide loop streets that provide better access for emergency vehicles, fewer restrictions for snow removal, and improved pedestrian access. Consideration shall be given to the dispersal of traffic to commercial and employment centers, and to the ultimate functioning of the street system.

G. Streets shall be laid out to provide convenient and safe access to the property. Where appropriate, the Township may require additional cartway improvements and/or right-of-way width along existing street frontages to accommodate the anticipated traffic increases and to facilitate vehicular turning movements to and from individual lots.

H. Where a development abuts an existing or proposed arterial street, the Township may require the use of marginal access streets, reverse frontage lots, or other such treatment that will provide protection for abutting properties, reduce the number of intersections with the arterial street, and separate the local and through traffic.

I. New half or partial streets shall not be permitted, except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards of this chapter and where, in addition, dedication of the remaining part of the street has been secured. Wherever a tract to be subdivided borders and existing half or partial street, the other part of the street shall be plotted within such tract. Where half or partial streets are proposed, the acceptance of final plans shall be conditioned upon the provision of guarantees providing for the construction or completion of such streets to Township standards.

J. Continuation of existing streets shall be known by the same name, but names for other streets shall not duplicate or closely resemble names of existing streets in the Township and/or Post Office district. The Board may reject street names and suggest alternate names.

K. Where streets and other public improvements continue into adjoining municipalities, evidence of compatibility of design, particularly with regard to street widths and pipe capacity should be shown. The applicant shall coordinate such design with both municipalities to avoid abrupt changes in cartway width or in improvement standards.

L. All entrances onto Township or state roads shall require an appropriate highway occupancy permit and shall be constructed to state specifications.

5. Street Signs.

A. Street Name Signs. Street name signs shall be installed at the entrance to every street in a proposed subdivision and/or land development. The design and placement of the street name signs shall be subject to approval by the Township.

B. Stop Signs. Stop signs shall be installed at the intersection of every street in a proposed subdivision and/or land development at the intersection with an equal or higher category street. The design and placement of the stop signs shall be subject to approval by the Township.

C. No Outlet Signs. No outlet signs shall be installed at the entrance to all cul-de-sac and loop streets in a proposed subdivision and/or land development. The design and placement of the no outlet signs shall be subject to approval by the Township.

D. Speed Limit Signs. 25 mph speed limit signs shall be installed at the entrance and along the course of all streets in a proposed subdivision and/or land development. The design and placement of the speed limit signs shall be subject to approval by the Township, and shall comply with the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 101 et seq., statutes and regulations.

6. Vertical Alignment. Vertical street alignments shall be measured along the center line. The minimum grade of all streets shall be 1%. The maximum grade shall be 10%, except for major streets which shall have a maximum grade of 7%.

A. Vertical curves shall be used in changes in grade exceeding 1%. The minimum lengths (in feet) of vertical curves shall be 15 times the algebraic difference in grade. For example, if a 3% upgrade is followed by a 4% downgrade, the algebraic difference in grade is 7 [+3-(-4)=7]; the minimum length of the vertical curve would be 105 feet [15x7=105].

B. Where the approaching grade exceeds 6% on any or all streets at a four-way street intersection, or the terminating street at a three-way intersection, a leveling area shall be provided on the street(s) with such excessive grade. Such leveling area(s) shall have a maximum grade of 4% for minimum length of 75 feet measured from the intersection of the center lines.

C. The grade within the diameter of a turnaround at the terminus of a permanent cul-de-sac shall not exceed 5%.

D. All new streets shall be graded to the right-of-way line. All cut and fill slopes shall be a minimum of 3:1.

7. Horizontal Alignment. Horizontal street alignments shall be measured along the center line. Horizontal curves shall be used at all angle changes in excess of 2°. Single, long radius curves shall be used rather than a series of short curves with varying radii and/or a series of short curves separated by short, straight segments.

A. The minimum horizontal curve radius for local streets shall be 200 feet.

B. The minimum horizontal radius for major streets shall be 500 feet.

C. The center line of the street cartway shall correspond with the center line of the street right-of-way.

D. Plans with street locations along the perimeter of a property shall be required to show building setback lines and clear sight triangles within the adjacent properties.

8. New Street Right-of-Way and Cartway Widths. The minimum street rights-of-way and cartway widths for new streets shall be as follows:

	Street Classification	Function	Right-of-Way	Cartway
	Major Street	Provides for inter-community travel, connecting population centers and carrying large volumes of traffic at speeds higher than desirable on local or specific streets	100 feet or as required by the Pennsylvania Department of Transportation	36 feet
	Local High Intensity Street	Provides access to residential land uses with a density in excess of four dwelling units per acre, industrial land uses, and/or commercial land uses, and/or serves as the main entrance or circulation street in any development	60 feet	36 feet
	Local Street	Provides access to residential land uses with a density of four or fewer dwelling units per acre and/or institutional land uses	50 feet	24 feet
	Marginal Access Street	Streets which are parallel to and adjacent to major streets and which provide access to abutting properties	50 feet	20 feet
	Turnaround of Cul-de-Sac	Indicated minimum diameters Permanent	120 feet	100 feet
		Temporary	50 feet	50 feet

A temporary cul-de-sac turnaround is used during the construction of a single phase of a multi-phased development to provide a place for vehicles to turn around until the through road is completed in subsequent phases. A temporary cul-de-sac turnaround may only be used in multi-phased developments that have a through road designed and approved in a preliminary plan approval. The full cost of building the through road must be included in the performance guarantee for the phase in which it is being proposed.

9. Extension of Existing Streets. The extension of existing streets which are presently constructed with a cartway width different from the standards of this chapter shall be provided with a transition area, the design of which is subject to Board approval.

10. Street Improvements. All new streets shall conform to specifications and construction methods of the Pennsylvania Department of Transportation, Publication 408, as amended.

A. The base for streets shall consist of crushed aggregate rolled to a minimum compacted depth of eight inches. Prior to placement of the base course material, the subgrade shall be inspected and approved by the Township or Township Engineer.

B. After the base course has been inspected and approved, an ID-2 binder course with a minimum compacted depth of three inches shall be placed, except that local high intensity streets and major streets shall have a compacted binder course of four inches.

C. Upon completion of construction of 75% of the residential lots, any damaged sections of the roadway shall be repaired. Place a tack coat. An ID-2 wearing course with a minimum compacted depth of 1 1/2 inches shall be placed. All construction joints, along curbing and at all structures shall be sealed with asphalt material.

D. All finished streets must maintain a minimum 1/4 inch per foot crown, except on superelevations, and conform with the horizontal and vertical alignment of the plans as approved.

11. Improvement of Existing Streets and Intersections. Where a subdivision or land development abuts and existing Township and/or state street the developer shall make the following improvements:

A. The existing street shall be improved to the cartway width established for new streets. Improvements shall include, but not be limited to, the installation of curb if required, widening and paving of the cartway, grading of shoulders and installing stormwater management facilities in accordance with the applicable sections of this chapter. Notwithstanding the foregoing, state streets shall be improved in accordance with the requirements of the Department of Transportation and any conditions imposed upon the granting of a highway occupancy permit by the Department of Transportation.

B. In cases where the subdivision or land development is situated only on one side of an existing street, Township may require that only one side of the street be improved.

12. Street Intersections.

A. Multiple intersections involving the junction of more than two streets are prohibited.

B. The distance between the center line of streets opening onto the opposite sides of existing or proposed streets shall be no less than 200 feet between center lines, measured along the center line of the street being intersected.

C. Intersections with major streets shall be located not closer than 1,000 feet, measured from center line to center line, along the center line of the major street being intersected.

D. Right angle intersections shall be used whenever possible. No street shall intersect another street at an angle of less than 75°.

E. The cartway edge at street intersections shall be rounded by a tangential arc with a minimum radius of 25 feet for local streets and 30 feet for intersections involving major streets. The right-of-way radii at intersections shall be substantially concentric with the edge of the cartway.

F. All required street name and traffic control signs shall be provided and erected by the developer. The signs shall be installed prior to the occupancy of the first unit in the development. Street name signs shall be of the type existing in the neighborhood and shall be subject to approval by the Board.

13. Sight Distance at Street Intersections.

A. There shall be provided and maintained at all intersections a clear sight triangle with a line of sight between points 100 feet from the intersection of the street center lines. Clear sight triangles shall be indicated on all plans, and a note shall be provided on the plans which states that no structures, landscaping, or grading may be constructed, installed or performed within the area of the clear sight triangle which would obscure the vision of motorists. Deeds to lots which contain clear sight triangles shall provide that no structure, landscaping or grading shall be erected, installed or performed within the area of the clear sight triangle which will obscure the vision of motorists.

B. Proper sight distance shall be provided with respect to both horizontal and vertical alignment at all road intersections. The sight distance measured on Township roads shall be 350 feet. The sight distance is for a driver exiting the proposed intersection onto the through street. The driver must be considered to be 10 feet from the near edge of the closest street through travel lane (from the curb line if curbing is present) at an eye height of four feet above the pavement surface. The point sighted by the exiting driver shall be four feet above the pavement surface located in the center of the closest street travel lane designated for use by approaching traffic.

C. All streets intersecting a state route shall be subject to the approval of the Pennsylvania Department of Transportation.

14. Cul-de-sac Streets.

A. Permanent cul-de-sac streets shall not exceed 800 feet in length, measured from the center-line intersection with a street which is not a cul-de-sac street to the center of the cul-de-sac turnaround. The minimum length of a cul-de-sac street shall be 350 feet. Temporary cul-de-sac streets shall not exceed 800 feet in length, measured from the center-line intersection with a street which is not a cul-de-sac street to the center of the cul-de-sac turnaround. Any street which is terminated for access to an adjoining property or because of authorized stage development shall be provided with a temporary, all weather turnaround. The use of the turnaround shall be guaranteed until such time as the street is extended. All cul-de-sac streets, whether permanently or temporarily designed, shall be provided at the closed end with a fully paved turnaround to the specifications stated in § 22-502, Subsection 10, of this chapter.

B. Loop roads may be considered in lieu of a cul-de-sac. In the center of a loop road, a minimum of four one-acre lots will be permitted. A maximum length of 1,200 feet and a minimum length of 300 feet will be permitted on a loop road. Distances shall be measured along the center line of the road from point of intersection to point of intersection. The street connecting a loop road with a through street shall be not less than 250 feet nor more than 350 feet in length measured along the center line from the center line of the loop street to the center line of the thru street.

15. Future Access Strips. Future access strips are rights-of-way reserved for future street improvements. They shall be designed in conformance with the design requirements of a street, and the contiguous parcels must contain proper setbacks and sight distances.

16. Driveways.

A. Driveways shall be so located as to provide reasonable sight distances at intersections with streets. All lot configurations and land development designs shall provide for driveways which are not less than 80 feet from the edge of cartway of any street intersection. Access shall be provided to the street of lessor classification when there is more than one street classification involved. Driveways shall not interfere with the normal traffic movement or be inconsistent with the design, maintenance and drainage of the street. Driveway locations shall be delineated on all land development plans; however, subdivision plans may delineate locations or include a notice of conformity to this specification.

B. Driveways shall be a minimum of 10 feet in width. When carried over a bridge, the driveway shall have a minimum width of 12 feet. Adequate turnaround surface shall be provided on the property to egress to the street in a forward direction. Where the grade of the driveway exceeds 10%, at least one level parking space shall be provided just within the property line for emergency parking.

C. The grade of a driveway within the legal right-of-way of the public street shall not exceed 7%. The drive within the property line shall not exceed 15%.

D. All driveways shall be surfaced with erosion-resistant materials from the edge of the street cartway to a point in the lot 25 feet from the street right-of-way line. Where the grade of the driveway is 8% or greater, it shall be surfaced with erosion-resistant materials. The remainder of the driveway may be constructed of any suitable stone or paved surface.

E. Driveways shall be constructed with crushed aggregate to a minimum depth of six inches. Erosion-resistant material shall be ID-2 bituminous concrete compacted to a minimum depth of 2 1/2 inches or six-inch cement concrete. Driveways within state highways shall comply with the requirements of the Pennsylvania Department of Transportation.

F. All residential subdivision driveways shall be designed with a paved apron to provide a pull-off area for accessing mailboxes. The design of the driveway apron shall be in conformance with Appendix 22-17.

17. Access Drives. Access drives shall have the following characteristics:

A. A property which utilizes access drives shall maintain frontage along a public street.

B. An application that proposes access drives shall be accompanied by an agreement which shall establish the conditions under which the access drives will be maintained.

C. The final plan, for recordation with the Chester County Recorder of Deeds, shall include a plan note which identifies (1) the specific access drives, (2) the recorded maintenance agreement, and (3) a notification that the access drives do not qualify for dedication to the Township and that the Township will not assume any responsibility for their maintenance.

D. The cartway of all access drives shall be constructed with a minimum eight-inch crushed aggregate base course, a two-inch ID-2 binder course and a 1 1/2-inch ID-2 wearing course. All work and material shall comply with the Pennsylvania Department of Transportation Specifications.

E. Access drives do not require a specific right-of-way; however, the following standards for cartway width shall apply:

	Function	Cartway Width
	Two lanes of traffic with on-street parking	36 feet
	Two lanes of traffic without on-street parking*	24 feet
	One lane of traffic with on lane on-street parking**	20 feet
	One lane of traffic without on-street parking*(**)	12 feet

	NOTES:
	*	Off-street parking compounds must be provided in accordance with § 22-503 of this chapter and the prohibition of on-street parking must be identified along the cartway.
	**	The one-way direction of traffic must be identified along the cartway with signs and pavement markings.

F. No part of any structure shall be located within 30 feet from the cartway edge of an access drive.

G. The vertical and horizontal alignments of access drives shall conform to the specifications for local streets as stated in § 22-502, Subsection 7, respectively.

H. Access drive intersections shall conform to the specifications for local streets as stated in Subsections 12 and 13.

I. Access drives which form a cul-de-sac shall not exceed 1,200 feet in length, measured from the center-line intersection of a street or access drive which is not a cul-de-sac. Access drive culs-de-sac which do not terminate in a parking compound shall be provided at the terminus with a fully paved turnaround. The turnaround shall be designed in accordance with one of the following methods:

(1) An eighty-foot paved diameter.

(2) T-shaped turnaround with a twelve-foot width and the flared portions rounded by minimum radii of 20 feet.

§ 22-503 Vehicular Parking Facilities, Sidewalks and Curbs.

[Ord. 1997-1, 5/12/1997, § 502]

1. Parking Areas. Off-street vehicular parking facilities shall be provided in accordance with the following standards:

A. Each residential dwelling unit shall be provided with at least three parking spaces These facilities shall be in conformance with the following provisions:

(1) Off-street parking for single-family or two-family structures shall be provided behind the right-of-way line and may be attached or separate garage(s), carport(s), or driveway(s).

(2) Off-street parking compounds for multi-family structures may be used provided they are located within 200 feet of the structure. Not less than 20 feet of open space shall be provided between the edge of any parking compound and the outside wall of the multi-family structure.

B. Commercial and industrial projects shall be in conformance with the Zoning Ordinance [Chapter 27].

C. Vehicular parking facilities for land uses other than detached single-family residences shall be designed in accordance with the following provisions:

(1) Parking facilities shall not be permitted within 10 feet of a side or rear property line unless formal arrangements, satisfactory to the Township, have been made for the establishment of a common parking facility.

(2) Parking compound dimensions shall be no less than those listed in Appendix 22-16.

(3) Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over sidewalks unless an additional two feet of sidewalk is provided to accommodate such overhang.

(4) Parking areas shall be suitably landscaped to minimize noise, glare and other nuisance characteristics as well as to enhance the environment and ecology of the site. Large parking lots, containing more than 50 spaces, shall be designed in sections, not to exceed 50 spaces, separated from the other sections by landscaped dividing strips, berms and similar elements.

(5) Buffer planting shall be provided where the parking compounds are adjacent to residential properties. The buffer planting area shall be at least 15 feet wide. Buffer planting shall be installed in accordance with § 22-507 of this chapter.

(6) Not less than a five-foot radius of curvature shall be permitted for horizontal curves in parking areas.

(7) All dead end parking lots shall be designed to provide sufficient backup area for all end stalls.

(8) Painted lines, arrows, signs and dividers shall be provided and maintained to control parking, when necessary to direct vehicular circulation.

(9) Parking areas, main entrances and exits which are open to the public shall be lighted to a minimum average of two footcandles at an elevation of three feet above the surface.

(10) The typical section of any parking compound shall be prepared in accordance with the following minimum standards:

(a) Crushed aggregate base course with a minimum depth of eight inches.

(b) Pavement shall consist of a minimum of two inches of an ID-2 binder course and a 1 1/2-inch ID-2 wearing course.

2. Sidewalks. Sidewalks shall be provided in accordance with the following specifications and standards:

A. Sidewalks shall be provided in all residential subdivisions with an average density in excess of 2 1/2 dwelling units per acre. Street right-of-way, community facilities and open space shall be excluded from area calculations. Additionally, sidewalks shall be required in the following circumstances:

(1) To control pedestrian access to vehicular parking compounds.

(2) To control access to and/or within a commercial, industrial or community facility. Sidewalks which are provided as part of such non-residential facilities shall be designed and constructed to service the projected pedestrian needs.

(3) Where unusual or particular conditions prevail with respect to prospective traffic and/or safety of pedestrians, the Board may require specific standards of improvement.

(4) In conventional developments, sidewalks shall be placed parallel to the street within the right-of-way unless a waiver has been granted to preserve topographical or natural features, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation. In commercial and high density residential areas, sidewalks may abut the curb.

(5) Sidewalks shall be four feet wide; wider widths may be necessary near pedestrian generators and employment centers. Where sidewalks abut the curb and cars overhang the sidewalk, widths shall be six feet.

(6) Pedestrian easements, which may be required by the Board to facilitate pedestrian circulation or to give access to community facilities, shall have a minimum right-of-way width of 10 feet and a walkway width of four feet. This walkway shall be improved to the standards assigned by the authority which accepts the easements.

(7) Sidewalks shall be constructed in accordance with the specifications incorporated in Appendix 22-13.

3. Curbs. Curbs shall be provided in accordance with the following specifications:

A. Curbs shall be required in residential developments with an average density in excess of two dwelling units per acre, commercial and industrial areas and other areas where sidewalk is installed.

B. Curbing may be required by the Board for:

(1) Stormwater management.

(2) To delineate parking areas.

(3) Ten feet each side of drainage inlets.

(4) At intersections.

C. The Board may require curbs where unusual or particular conditions prevail with respect to prospective traffic and/or safety of pedestrians.

D. Curbs shall be the vertical type. Slant curb will be permitted as an alternative in high density single family residential development if approved by the Board.

E. All curbs shall be constructed in accordance with the specifications incorporated in Appendix 22-14.

§ 22-504 Blocks and Lots.

[Ord. 1997-1, 5/12/1997, § 504]

1. The configuration of blocks and lots shall be based upon the minimum and maximum lot area requirements, the salient natural features, the existing improvements, the proposed improvements, the proposed type of structure, and the adjacent development pattern. Lot configurations should provide for flexibility in building locations, while providing safe vehicular and pedestrian circulation. Lots with areas that are two or more times the minimum requirements shall be designed with configurations which will allow for additional subdivision.

A. Residential Blocks.

(1) All blocks in a residential subdivision shall have a minimum length of 300 feet and a maximum length of 10 times the minimum required lot width, not to exceed 1,200 feet.

(2) Blocks along arterial streets shall not be less than 800 feet in length.

(3) The design of blocks longer than 800 feet shall give special consideration to the requirements of fire protection, pedestrian access and utility service.

B. Nonresidential Blocks. Blocks in nonresidential areas may vary from the requirements of paragraph .A when required by the nature of the use. Adequate provisions shall be made for off-street parking, loading areas and traffic circulation.

C. Lot Configuration.

(1) In order to avoid jurisdictional problems, lot lines shall, wherever feasible, follow municipal boundaries rather than cross them. Where a lot is divided by a municipal boundary, the minimum standards of both municipalities shall apply.

(2) Generally, side lot lines shall be radial to street right-of-way lines. Exceptions may include where the proposed lot lines follow existing lot lines, improvements, or natural features.

(3) All lots shall front on a public street, unless a private street is approved for access.

(4) Interior Lots.

(a) No more than two contiguous interior lots shall be formed. The creation of such lots shall be minimized and limited to those circumstances dictated by the configuration of the site; however, the applicant shall not be permitted to use interior lot design to avoid constructing or extending streets.

(b) An interior lot shall have an access strip with a minimum width of 25 feet for its entire length if a deed restriction or lot size prohibits the lot from further subdivision. If the lot is not deed restricted and can be further subdivided, an access strip with a fifty-foot minimum width shall be required. The access strip shall be in addition to the minimum lot area requirements as prescribed in the Zoning Ordinance [Chapter 27].

(c) Interior lots shall not comprise more than two lots or more than 15% of the total number of lots in a subdivision, whichever is greater.

(5) Double frontage lots are prohibited except where provided as reverse frontage lots. Reverse frontage lots are only permitted when a reduction of driveway intersections along a street with a high volume of vehicular movements is desired. All reverse frontage lots shall include an identification of the frontage for use as a road access.

(6) All residential reverse frontage lots shall have a rear yard with a minimum depth of 75 feet measured at the shortest distance from the proposed dwelling unit to the street right-of-way line and shall, within each rear yard and immediately adjacent to the street right-of-way line, have a planted buffer easement of at least 10 feet in width, across which there shall be no vehicular access. Fencing may be used in lieu of a planted buffer easement in accordance with § 22-507, Subsection 1A(5).

(7) Lot areas, number of units of occupancy and intensity of development shall be provided in accordance with the regulations set forth in the Zoning Ordinance [Chapter 27].

(8) Building setback lines and building separations shall be provided in accordance with the regulations set forth in the Zoning Ordinance [Chapter 27].

§ 22-505 Easements.

[Ord. 1997-1, 5/12/1997, § 505]

1. Easements for sanitary sewer facilities, stormwater drainage facilities, public utilities, or pedestrian access shall meet the following standards:

A. To the fullest extent possible, easements shall be adjacent to property lines.

B. Nothing shall be placed, planted, set, or put within the area of an easement that would adversely affect the function of the easement or conflict with the purpose or arrangement of the easement. This requirement shall be noted on the final plan and shall be included in all deeds for any lot which contains an easement.

C. Pedestrian easements shall have a minimum width of 10 feet.

D. Utility easements shall have a minimum width of 20 feet, and all utility companies are encouraged to use common easements.

E. The applicant shall reserve easements where stormwater or surface water drainage facilities are existing or proposed, whether located within or beyond the boundaries of the property. Easements shall have a minimum width of 20 feet and shall be adequately designed to provide area for collection and discharge of water, the maintenance, repair, and reconstruction of the drainage facilities, and the passage of machinery for such work. The easements shall clearly identify who has the right-of-access and the responsibility of maintenance.

F. Where any petroleum or petroleum product transmission line traverse a subdivision or land development, the applicant shall confer with the applicable transmission or distribution company to determine the minimum distance which shall be required between each structure and the center line of such petroleum or petroleum product transmission line. Additionally, the Board will require, with the final plan application, a letter from the owner of the transmission line stating any conditions on the use of the tract and the right-of-way, or a copy of the recorded agreement which shall contain the above data.

§ 22-506 Survey Monuments and Markers.

[Ord. 1997-1, 5/12/1997, § 506]

1. Concrete Monuments.

A. Sufficient monument locations must be shown on the final plan to define the exact location of all streets and to enable the re-establishment of all street lines. In general, they shall be set on the street line on one side of the street at the beginning and ending of all curves and at those points on the curve at street intersections necessary to establish the actual intersection.

B. Monuments shall be set at all corners and angle points of the boundaries of the original tract and such intermediate points as may be required.

C. Monuments shall be of concrete or stone with a flat top, having a minimum width or diameter of four inches and a minimum length of 30 inches. Concrete monuments shall be marked with a 3/4-inch copper of brass dowel; stone or precast monuments shall be marked on the top with a proper inscription and a drill hole.

2. Markers.

A. Markers shall be set at all points where lot lines intersect curves and/or other property lines.

B. Markers shall consist of iron pipes or steel bars at least 30 inches long and not less than 3/4 of an inch in diameter.

3. Placement.

A. All monuments and markers shall be placed by a registered surveyor so that the scored or marked point shall coincide exactly with the point of the intersection of the lines being monumented or marked.

B. All existing and proposed monuments and lot line markers shall be delineated on the final plan.

C. Lot markers, either temporary or permanent, shall be placed prior to layout of buildings on the lot. This note shall appear on the plan.

§ 22-507 Landscaping.

[Ord. 1997-1, 5/12/1997, § 507]

1. Landscaping shall be provided, consistent with the standards of this chapter, in all subdivisions and land developments.

A. Screening.

(1) Screening shall be provided along the rear of reverse frontage lots and along the side and rear lot lines of commercial or industrial properties where such lots abut residentially zoned property. Parking and buildings are prohibited within the buffer area. The use of the buffer area for accessways shall be limited. Buffer areas shall consist of one row, staggered, of mixed evergreen and deciduous trees which shall be at least six feet in height when planted and shall be spaced not more than 10 feet apart on center and two rows, staggered, of mixed broad leaf and needle evergreen shrubs which shall be at least three feet in height when planted and shall be spaced not more than five feet apart on center. The trees shall be of such species so as to attain a height at maturity of not less than 20 feet. The shrubs shall be of such species as to provide continued screening from the ground to a height of six feet at maturity. Deciduous plant materials shall comprise no more than 30% of the number of plants in the buffer. The required height of the buffer planting may be achieved in part by mounding or installation of plants along a berm.

(2) Service loading and trash disposal areas such as dumpster or compactor sites shall be effectively screened so as not to be visible from parking areas, roadways, or adjacent properties. Such areas shall be screened with a combination of architectural masonry (or fencing) and landscaping with a height of at least six feet.

(3) Parking and storage of vehicles in front yards of properties, other than lots in single-family subdivisions, shall be screened from the public right-of-way by an earthen berm and/or plant matter which provides a dense visual screen to six feet in height at maturity. Plant matter shall consist of two rows of mixed broad leaf and needle evergreen shrubs planted in staggered rows. Plants shall be spaced not more than five feet apart on center and shall be at least three feet in height when planted. Additional planting in the form of noncanopy trees and deciduous shrubs is acceptable.

(4) All planting shall be performed in conformance with good nursery and landscape practice. Plant materials shall conform to the standards recommended by the American Association of Nurseryman, Inc., in the American Standard of Nursery Stock, ANSI Z60, current edition, as amended. It is recommended that a landscape architect registered by the Commonwealth of Pennsylvania be utilized to insure the proper use, arrangement, and selection of plant material and to provide an aesthetically pleasing effect.

(5) When approved by the Board of Supervisors screening may be achieved by use of the following materials: walls, fences, earth berms or other approved materials. Any wall or fence shall not be constructed of corrugated metal, corrugated fiberglass or sheet metal. Trees, hedges or shrubs must be used with chain link fencing.

(6) Existing commercial or industrial uses shall not be required to comply with the screening requirements of paragraph .A(1) hereof unless:

(a) The existing uses or structures are enlarged by 20% of floor area or height beyond that existing as of the date of the adoption of this chapter.

(b) Major structural alterations or modifications are undertaken of existing buildings or structures.

(c) Parking areas are extended by 10% or more beyond that existing as of the date of this chapter.

(d) Outside storage is continued, undertaken or expanded subsequent to the date of this chapter.

B. Existing Wooded Areas. Existing wooded areas shall be protected to prevent unnecessary destruction. At least 15% of the number of trees (minimum trunk caliper of five inches at six inches above ground) that exist at the time of the plan submission shall be maintained or be replaced immediately following construction. Replacement trees shall be a minimum trunk caliper of two inches at a height of six inches above finished grade and located within unbuildable sections of the site (i.e., floodplain, steep slopes, and setback areas).

C. Street Trees. Street trees shall be provided in accordance with the following standards:

(1) The trees shall be nursery grown in a climate similar to that of the locality of the project. Varieties of trees shall be subject to the approval of the Township.

(2) All trees shall have a normal habit of growth and shall be sound, healthy and vigorous; they shall be free from disease, insects, insect eggs and larvae.

(3) The trunk diameter, measured at a height of six inches above finished grade, shall be a minimum of two inches.

(4) Trees shall be planted between the street right-of-way line and the building setback line. The trees' growth shall not interfere with the street cartway, sidewalk or utility line.

(5) All planting shall be performed in conformance with good nursery and landscape practice and to the standards established by the Township.

(6) Requirements for the measurements, branching, grading, quality, balling, and the burlapping of trees shall follow the code of standards recommended by the American Association of Nurserymen, Inc., in the American Standard for Nursery Stock, ANSI Z60, current edition, as amended.

(7) A minimum of one canopy tree shall be provided on each lot, with a maximum spacing of 100 feet.

D. Ground Cover. Ground cover shall be provided on all areas of the project to prevent soil erosion. All areas which are not covered by paving, stone or other solid materials shall be protected with a vegetative growth.

§ 22-508 Stormwater Management and Floodplain Controls.

[Ord. 1997-1, 5/12/1997, § 508; as amended by Ord. 2003-9, 7/14/2003; and by Ord. 2008-11, 2/19/2008, § I]

1. Stormwater Management. All subdivision and/or land development applications shall include stormwater management data. The stormwater management data shall identify all proposed stormwater management facilities and supportive information stated in §§ 22-402, Subsection 1D(12) and (18), of this chapter. Stormwater management data shall be prepared by individuals registered in the Commonwealth of Pennsylvania to perform such duties and shall include the certificate found in Appendix No. 22-3 of this chapter.

2. General Design Data.

A. In the interest of reducing the total area of impervious surface, preserving existing features which are critical to stormwater management, and reducing the concentration of stormwater flow, the designer should consider utilizing the development concepts which provide for that.

B. Maximum use shall be made of existing on-site natural and man-made stormwater management facilities.

C. Innovative stormwater management and recharge facilities may be proposed (e.g., rooftop storage, drywells, cisterns, parking lot ponding, recreation area ponding, diversion structures, aeration of lawns, porous pavements, holding tanks, infiltration systems, stream channel storage, in line storage in storm sewers, and grading patterns), provided they are accompanied by detailed engineering plans and performance capabilities.

3. Design Standards.

A. Stormwater management facilities shall be provided so that the peak discharge of the calculated post development runoff to an adjacent property does not exceed the peak discharge of the calculated pre-development runoff. Runoff calculations for the pre- and post-development comparison shall consider five different storm frequencies. (The two-, ten-, twenty-five-, fifty-, and one-hundred-year storm events.) For pre development computations, all runoff coefficients within the project shall be based on meadow use assuming summer or good land cover conditions. Off-site land use conditions used to determine storm flows for designing storm facilities shall be based on existing land uses assuming winter or poor land cover conditions.

B. The design of stormwater management collection facilities that service the drainage areas within the site shall be based upon a twenty-five-year storm frequency event. Stormwater management facilities that convey off-site stormwater through the site must be designed to convey a one-hundred-year event.

C. All developments must include design provisions that allow for the overland conveyance of the post one-hundred-year storm flows through the site without damage to any private or public property.

D. Runoff calculations for on-site stormwater management facilities shall be based upon the following methods:

(1) Rational Method. This method is recommended and preferred for design of all collection, conveyance and retention facilities when drainage areas are less than 1 1/2 square miles or where the times of concentration are less than 60 minutes.

(2) SCS TR-55 Graphical Method (1986 or latest revision). This method may be used in lieu of the Tabular Hydrography Method for sizing conveyance systems. It does not provide an adequate inflow hydrography for basin routing.

E. Criteria and assumptions to be used in the determination of stormwater runoff and design of management facilities are as follows:

(1) Runoff coefficients shall be based on the land use coefficients listed in the Pennsylvania Department of Environmental Protection, Erosion and Sediment Pollution Control Manual or the Pennsylvania Department of Transportation Design Manual, No. 2.

(2) Times of concentration shall be based on the following design parameters:

(a) Overland Flow. The maximum length for each reach of overland flow before concentrated swale and/or sheet flow develops is 300 feet. The nomograph in the Appendix shall be used for determination of the times of concentration.

(b) Concentrated Flows. At points where overland flows concentrate in field depressions, swales, gutters, curbs or pipe collection systems, the design points shall be based upon Manning's Equation and/or acceptable engineering design standards as determined by the Township.

(3) If the Rational Method is used, the Rainfall Intensity-Duration-Frequency Chart for Region five shall be used to compute the rainfall intensities.

(4) If the Soil-Cover-Complex Method is used, stormwater runoff shall be based on the following twenty-four-hour storm events:

	Storm Event	Inches of Rainfall
	2 years	3.2
	10 years	5.0
	25 years	5.6
	50 years	6.4
	100 years	7.2

(5) Use of other criteria, assumptions, references, calculation methods and/or computer modeling may be utilized, provided detailed design information and programming with references are submitted and approved by the Supervisors.

F. The design plan and construction schedule shall incorporate measures to minimize soil erosion and sedimentation.

G. Consideration shall be given to the relationship of the subject property to the drainage pattern of the watershed.

H. Stormwater shall not be transferred from one watershed to another, unless:

(1) The watersheds are sub-watersheds of a common watershed which join together within the perimeter of the property.

(2) The effect of the transfer does not alter the peak discharge onto adjacent lands.

(3) Easements from the affected downstream landowners are provided.

I. A concentrated discharge of stormwater to an adjacent property shall be within an existing watercourse or enclosed in an easement.

J. When final plan applications are submitted in sections, a generalized stormwater management plan for the entire project shall be submitted. This generalized plan shall demonstrate how the stormwater of the proposed section will relate to the entire development. If temporary facilities are required for construction of a section, such facilities shall be included in the submitted plans. In the event temporary measures cannot adequately handle the stormwater runoff, the main outfall line shall be included as part of the construction of the section.

K. The final plan shall reflect or be accompanied by documentation identifying the ownership of and method of administering and maintaining all permanent stormwater management facilities.

4. Stormwater Facilities.

A. All storm sewer pipes, culverts, manholes, inlets, endwalls and end sections shall be constructed in accordance with the Pennsylvania Department of Transportation, Publication 408, as amended.

B. Storm sewer pipes, culverts, manholes, inlets, endwalls and end sections proposed for dedication or located along streets shall conform to the requirements of the Pennsylvania Department of Transportation, Bureau of Design, Standards for Roadway Construction, Publication No. 72, in effect at the time the design is submitted, as modified by the adopted Township construction standards.

C. Storm sewer pipes and culverts, other than those used for detention basin outlets, shall be made of reinforced concrete, polymer coated corrugated metal, aluminized corrugated metal, or corrugated polyethylene, and shall have a minimum diameter of 15 inches. They shall be installed with sufficient slope to provide a minimum velocity of three feet per second when flowing full.

D. The capacities of the pipes, gutters, inlets, culverts, outlet structures and swales shall consider all possible hydraulic conditions. The design standards shall be in accordance with Pennsylvania Department of Transportation Publication No. 13, Design Manual, No. 2, as amended.

E. All storm sewer pipes shall be laid to a minimum depth of one foot from subgrade to the crown of the pipe.

F. Endwalls and end sections shall be used where stormwater runoff enters or leaves the storm sewer horizontally from a natural or man-made channel.

G. Road gutters or swales shall be designed to have a maximum flow depth of six inches if no stormwater is conveyed in the cartway of the street. The maximum flow depth permitted across a street at the intersection of two streets is one inch. All curbed streets shall be designed with a maximum flow depth of two inches.

H. Inlets shall be placed on both sides of the street at low spots, as needed to collect runoff from road gutters, at abrupt changes in horizontal or vertical alignment of storm sewers, and at a maximum distance of 400 feet apart along a storm sewer pipe. Inlets shall be depressed two inches below the grade of the gutter or road surface. Manholes may be substituted for inlets at locations where inlets are not required to handle surface water runoff.

I. Curved pipes, tee joints, elbows and wyes are prohibited except for pipes with at least a thirty-six-inch diameter.

J. All existing and natural watercourses, channels, drainage systems and areas of surface water concentration shall be maintained in their existing condition unless an alteration is approved by the Township.

K. Flow velocities from any sewer may not result in a deflection of the receiving channel. Energy dissipaters shall be placed at the outlets of all storm sewer pipes where flow velocities exceed maximum permitted channel velocities.

L. The capacities of open channels shall be calculated using the Manning Equation. Permissible open channel velocities and design standards shall be in accordance with good engineering practice as documented in the Engineering Field Manual for Conservation Practices, U.S.D.A., S.C.S., or in Design Charts for Open-Channel Flow, Hydraulic Design Series No. 3, United States Department of Transportation.

M. All open ends of storm sewer pipes, regardless of size, shall be fitted with trash racks designed to keep small children and animals from entering such pipes while permitting unimpeded flow through the pipe. Trash racks shall be fabricated from galvanized or stainless steel and secured with anchors of similar material.

5. Design Standards for Detention and Retention Basins.

A. Permanent detention and retention basins shall be designed to store the stormwater runoff of the one-hundred-year post-development storm event.

B. All basins shall be structurally sound and shall be constructed of sound and durable materials. The completed structure and the foundation of all basins shall be stable under all probable conditions of operation and shall be capable of discharging the peak discharge of a post-development one-hundred-year storm event through the emergency spillway facilities in a manner which will not damage the integrity of the facility or the downstream drainage areas.

C. The effect on downstream areas if the basin fails shall be considered in the design of all basins. Where possible, the basin shall be designed to minimize potential damage caused by such failure of the embankment.

D. All basins shall include an outlet structure to permit draining the basin to a completely dry position within 24 hours.

E. All outlet structures and emergency spillways shall include a satisfactory means of dissipating the energy of flow at its outlet to assure conveyance of flow without endangering the safety and integrity of the basin and the downstream drainage area.

F. Detention basins and/or retention basins which are designed as earth fill dams shall incorporate the following minimum standards:

(1) The maximum water depth shall not exceed six feet unless a waiver shall be granted by the Board of Supervisors.

(2) The minimum top width of all dams shall be five feet.

(3) The side slopes shall not be less than three horizontal to one vertical.

(4) A cutoff trench of impervious materials shall be provided under all dams.

(5) All pipes and culverts through dams shall have properly spaced concrete cutoff collars or factory welded anti-seep collars.

(6) A minimum of one-foot freeboard above the maximum design water surface elevation at the emergency spillway shall be provided.

(7) Minimum finished floor elevations for all structures that would be affected by a basin, other than temporary impoundments or open conveyance systems where ponding may occur, shall be two feet above the one-hundred-year water surface. If basement or underground facilities are proposed, detailed calculations addressing the effects of stormwater ponding on the structure and water-proofing and/or floodproofing design information shall be submitted for approval by the Board of Supervisors.

G. Retention and/or detention basins shall be stabilized promptly.

H. Retention and/or detention basins shall be designed and maintained to insure the design capacity after sedimentation has taken place.

I. Basins which are not designed to release all stormwater shall be specifically identified as retention basins or permanent ponds (wet ponds). All other basins shall have provisions for dewatering the bottom. Low flow channels or tile fields shall be used to dewater the bottom of the basin.

J. Where retention basins, seepage pits, seepage tanks, seepage trenches and/or french drains are proposed, the applicant shall include an analysis of the potential for accelerated sinkhole development in the specific geology of the site due to the concentration of water introduction to the subsurface. The applicant shall submit a seepage report containing a test pit soil analysis, prepared by a soil scientist, or other recognized professional (i.e., a sewage enforcement officer, etc.), and percolation test results in accordance with 25 Pa. Code, Chapter 73. The bottom of the test pits shall be no less than 30 inches below the elevation at which the soil/seepage interface is designed (i.e., the bottom of the trench, pit, etc.). Percolation tests shall be performed at this interface. Retention basins shall provide enough capacity to store the entire runoff volume created by a one-hundred-year frequency storm event. When supporting documentation, as stated above, is provided to the Township Engineer, the applicant may:

(1) Reduce the required volume by 20%.

(2) Determine the volume required using 20% of the percolation rate to perform routing calculations.

K. Retention basins shall incorporate the following minimum design standards:

(1) Infiltration systems greater than three feet in depth shall be located no less than 30 feet from any basement wall.

(2) Infiltration systems designed to handle runoff from commercial or industrial impervious parking areas shall be not closer than 100 feet to any water supply well.

(3) Infiltration systems shall not receive runoff until the entire contributory drainage area to the infiltration system has received final stabilization.

(4) The stormwater management facility design shall provide an emergency overflow system with measures to provide a nonerosive velocity of flow along its length and at the outfall.

(5) All infiltration systems for paved areas shall utilize some means of prefiltering (i.e., a twenty-foot or greater grass strip, oil grit separator, or other standard practice) to prevent grit from clogging the system.

L. A liner of impervious material shall be provided in all wet ponds. In lieu of an impervious liner, the applicant may supply sufficient information, prepared by a soil scientist, to the Township which includes an analysis of the potential for sinkhole development and demonstrates to the Township that sinkholes shall not develop.

M. All detention and retention basins designed to retain water in excess of 12 inches deep for a period exceeding seven days shall provide permanent fencing around the perimeter of the basin. The fencing shall meet the same requirements provided in the building code for fencing around swimming pools.

6. Erosion and Sedimentation. All subdivision and land development applications which involve grading or excavation shall conform to the requirements of 25 Pa. Code, Chapter 102, as amended.

A. No change shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced within a proposed subdivision or land development tract until such time that a plan for minimizing erosion and sediment control has been reviewed by the Chester County Conservation District and approved by the Board of Supervisors. Sites of less than five acres do not require the review of the Chester County Conservation District unless the following exists:

(1) Sites where piping of stormwater or the alteration of natural or man-made water courses occur.

(2) Sites that contain or border a stream or body of water.

B. The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan:

(1) Stripping of vegetation and grading shall be kept to a minimum.

(2) Development plans shall preserve significant natural features, cut and fill operations shall be kept to a minimum, and plans shall conform with the topography so as to create the least erosion potential and adequately handle the 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.

(5) Disturbed soils shall be stabilized by permanent vegetation and/or by engineered erosion control and drainage measures as soon as practicable in the development process.

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

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

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

(9) Basin and perimeter controls shall be established at the commencement of work of the site.

(10) Storage piles shall be protected and stabilized within seven days.

(11) Earth or paved interceptors and diversions shall be installed at the top of cut or fill slopes where there is a potential for erosive surface runoff.

C. In order to prevent pollution of any watercourse and to reduce erosion of soil, sediment control devices shall be installed prior to any grading, filling or excavation. Such devices shall be designed to retain sediment on the site or flowing adjacent to the site.

D. Within 30 days after completion of grading, all surfaces disturbed by vegetation removal, grading, haul roads or other construction activity that alters natural vegetative cover, are to be revegetated to control erosion, unless covered with impervious or other improved surfaces authorized by the approved plans. Erosion controls may include any combination of engineered or vegetative measures.

E. All sediment basins and sediment traps designed to retain water in excess of 12 inches deep for a period exceeding seven days shall provide temporary fencing around the perimeter of the basin/trap. The fencing at a minimum shall consist of the four-foot high orange construction fencing. Alternative fencing may be approved at the discretion of the Township Engineer. Upon the conversion of the sediment basin to its permanent configuration or the removal of the sediment trap, the temporary fencing may be removed.

7. Floodplain. Floodplain areas shall be any areas of East Nottingham Township subject to the one-hundred-year flood, which is identified as Zone A (area of special flood hazard) on the Flood Insurance Rate Map (FIRM) dated November 20, 1996, or the most recent revision thereof as issued by the Federal Emergency Management Agency (FEMA).

A. New construction and development within areas of the Township which are subject to flooding shall be governed by Ord. 1-1996. (An ordinance requiring all persons, partnerships, businesses, and corporations to obtain a building permit for any construction or development; providing for the issuance of such building permits; setting forth certain minimum requirements for new construction and development within areas of the Township which are subject to flooding; and establishing penalties for any persons who fail, or refuse to comply with the requirements of this chapter).

B. The inclusion of a floodplain within lots in order to meet minimum lot area and/or yard requirements is allowed provided such lot contains sufficient area, exclusive of the floodplain, for buildings and where applicable, on-lot sanitary wastewater disposal systems and replacement drainfield area. The floodplain shall not exceed 25% of the lot area.

8. Wetlands. No subdivision or land development shall involve uses, activities or improvements which would entail encroachment into, regrading of, or the placement of fill in wetlands in violation of state or federal regulations. The following information shall be submitted:

A. A wetland delineation report prepared by a person competent in performing wetland delineation. If wetlands are not present on the tract, a note shall be placed on the plan stating the fact that no wetlands exist.

B. Wetland locations shall be shown on the plans.

C. The applicant shall obtain a jurisdictional determination from the United States Army Corps of Engineers of the wetland delineation and submit a copy to the Township.

D. Copies of all permits for encroachment on wetlands shall be submitted to the Township.

9. Ownership, Administration, and Maintenance of Stormwater Management Facilities. The final plan shall reflect and/or be accompanied by supporting documentation identifying the ownership of and the method of administrating and maintaining all permanent stormwater management facilities. With regard to the maintenance of these facilities, they must either be:

A. Dedicated to and accepted by the Board of Supervisors.

B. Maintained by a private entity (e.g., homeowners association or individuals that own the land) in accordance with the terms of an agreement, declaration of easements or other legally binding documentation approved by the Board of Supervisors. The agreement, declaration of easements or other legally binding documentation shall provide that the Township shall have the right to:

(1) Inspect facilities at any time.

(2) Require the private entity to take corrective measures and assign the private entity reasonable time periods for any necessary action.

(3) Authorize maintenance to be done and lien all cost of the work against the properties of the private entity responsible for maintenance.

The agreement, declaration of easements or other legally binding documentation shall be submitted to the Board of Supervisors with the final plan. Where deemed necessary and appropriate, the Board may require the agreement to contain provisions requiring the posting and/or periodic payment of escrow funds by the private entity to guarantee proper maintenance of the facility.

§ 22-509 Sanitary Sewage Disposal.

[Ord. 1997-1, 5/12/1997, § 509]

1. The applicant shall provide the highest type of sanitary sewage disposal facility consistent with the existing physical, geographical, geological and economic conditions. The following types of sanitary sewage disposal facilities are listed in order of desirability:

A. Publicly owned sanitary sewage system.

B. Privately owned sanitary sewage system used by two or more units of occupancy with treatment other than subsurface absorption or holding tank.

C. Privately owned sanitary sewage system used by one unit of occupancy with subsurface absorption.

2. When the Township, in accordance with the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., as amended, determines the necessity for a sewage facilities plan revision, or supplement, the Supervisors shall require that notice of approval from the Chester County Health Department and the Pennsylvania Department of Environmental Protection be submitted as a condition of final plan approval.

3. When connection to, or extension of, an existing sanitary sewer system is proposed, the final plan application shall include a statement from the authority or organization providing such service, indicating the approval of the plans for design, installation and financial guarantees.

4. Where on-site sanitary sewage disposal facilities are to be utilized, each lot so served shall be of size and shape to accommodate the necessary subsurface sewage disposal system at a safe distance from building and water supply in accordance with 25 Pa. Code, Chapter 73.

§ 22-510 Water Supply.

[Ord. 1997-1, 5/12/1997, § 510]

1. Individual On-Site Water Service. Where a major subdivision or land development proposes individual on-site water service, the following regulations shall apply:

A. Water Survey. The applicant shall file as part of the applicant's final plan submission a water survey report executed by a person having an accredited degree in geology with demonstrated knowledge and experience in the field of hydrogeology, which report shall state:

(1) That he has reviewed the soil, underlying rock formation, known sources of contamination, adjacent wells and uses, streams and surface water, wetlands and other features and conditions within the zone of contribution for the wells proposed to serve the contemplated project.

(2) That, based upon this analysis and review, he is of the opinion that a safe and adequate water supply can be provided on each individual lot proposed and within the lot lines thereof giving adequate, potable water supply of not less than three gallons per minute and meeting all of the chemical and biological standards of the Chester County Department of Health with reference to water supplies for human consumption.

(3) That the cone of depression projected for each such well will be such as not to interfere with any other well proposed for the development or existing within the zone of contribution of the proposed or existing well.

(4) That the proposed wells will not cause the movement of known sources of contamination within the zone of contribution.

(5) That the proposed wells within the project shall not result individually or cumulatively in the withdrawal of water beyond the safe yield of the aquifer.

B. All wells shall be constructed to the AWWA Standard A-100-84.

C. Copies of drilling logs and quantitative and qualitative tests for each well drilled within the proposed project shall be filed with the Township and reviewed by the Township Engineer prior to the issuance of any building permit for any building or structure to be served by a proposed individual on-site well.

2. Individual Off-Site Water Service. Where a single EDU is served by an individual off-site water supply, the requirements of Subsection A above shall apply and, in addition thereto, there shall be appended to the water study copies of all easements and agreements necessary to assure the right to construct, maintain and operate the water facility at the site designated and adequate assurances of access for the purpose of maintenance and repair to assure a permanent and continuous supply of water and access to the facility for the maintenance thereof. All such documents shall be in the form and substance satisfactory to the Township Solicitor.

3. Community Water Service. Where a subdivision or land development proposes community water service, whether on or off site, the following regulations shall apply:

A. Water Survey.

(1) Where water is to be supplied by a certified public utility rendering service at the time of submission of the final plan to users and customers other than those proposed to be served within the proposed development or where such water is to be provided by a municipality or municipal authority, a copy of the certificate of public convenience from the Public Utility Commission or certificate of incorporation of the municipal authority and a statement on the letterhead of the utility, municipality or authority providing such service, signed by an officer of such entity authorized so to do, stating that the provider has sufficient capacity and pressure to provide a safe, continuous and adequate supply of water to all EDU's within the proposed development for consumptive and fire prevention use shall be appended to the application for final approval. Also appended thereto shall be a statement of the terms and conditions under which such service will be provided and a statement of the cost for construction of any mains or transmission facilities or treatment facilities rendering such service and a statement of any charges or tap-in or connection fees and inspection fees to be imposed. This information shall be acceptable evidence but not conclusive evidence of a safe and adequate water supply.

(2) Where the applicant proposes to furnish water by means of a community water facility owned and operated by the owner or owners of the lands and/or buildings within the development, a water survey shall be provided as part of the applicant's final plan submission, containing all of the following:

(a) A water survey report executed by a person having an accredited degree in geology with demonstrated knowledge and experience in the field of hydrogeology, which report shall state that he has reviewed the soil, underlying rock formation, known sources of contamination, adjacent wells and uses, streams and surface water, wetlands and other features and conditions within the zone of contribution for the wells proposed to serve the contemplated project; that based upon this analysis and review, he is of the opinion that a safe and adequate water supply can be provided to each user within the development giving adequate potable water supply of not less than 350 gallons per EDU and meeting all of the chemical and biological standards of the Chester County Department of Health with reference to water supplies for human consumption; that the cone depression projected for such wells shall be such as not to interfere with any other well proposed for the development or existing within the zone of contribution of the proposed or existing well; that the proposed wells will not cause the movement of known sources of contamination within the zone contribution; that the proposed wells to serve the project shall not result individually or cumulatively in the withdrawal of water beyond the safe yield of the aquifer; and that there are proposed for the project and considered within the report one or more primary wells and one or more reserve wells and that, in the event of failure of the primary wells, the reserve wells are adequate to meet the needs for water within the project.

(b) The applicant shall append to the water report a copy of all deeds of easement, declarations of easement and reservations of easement necessary or appropriate to assure the continued installation, protection, preservation, maintenance, repair and operation of all facilities and equipment necessary to assure a permanent, continuous and adequate supply of water meeting the chemical and biological standards of the Chester County Department of Health and all other regulatory agencies.

(c) The applicant shall append to the water report copies of all proposed declarations, covenants and agreements to assure the fiscal integrity, operation and maintenance of the water facility, which covenants, declarations and agreements shall include, inter alia, a requirement that said facility shall be maintained by a professional, licensed water plant operator.

(d) All documentation required in Subsection C shall be satisfactory in form and content to the Board of Supervisors and the Township Solicitor. The Township may adopt by resolution rules and regulations for the establishment and operation of water facilities within the Township, including, without limitation, regulations for budgeting review, continuity of management and financial responsibility.

(e) All wells shall be constructed to the AWWA Standard A-100-84.

(f) Copies of drilling logs and quantitative and qualitative tests for each well drilled within the proposed project or providing service thereto shall be filed with the Township and reviewed by the Township Engineer prior to issuance of any building permit for any building or structure to be served by a proposed community well.

§ 22-511 Streetlights.

[Ord. 1997-1, 5/12/1997, § 511]

1. Streetlights shall be provided with the construction of all new streets when required. A plan for streetlights, approved by the utility company, shall be provided by the developer to the Planning Commission for review of the Board of Supervisors for approval upon submission of final subdivision or land development plans.

2. As a minimum, streetlights shall be provided at:

A. All street intersections.

B. Changes in grade in excess of 5%.

C. All other locations considered hazardous by the Township Engineer and approved by the Board of Supervisors.

3. The minimum light source for streetlighting shall produce 4,000 lumens.

4. Style and type of fixture shall be subject to the approval of the Board of Supervisors.

§ 22-512 Parks and Open Space.

[Ord. 1997-1, 5/12/1997, § 512]

1. All residential subdivisions and land developments shall be provided with park and recreation land which shall be offered for dedication to the Township. The developer may request that the Township not require the dedication of land, and any such request shall be accompanied by an offer to pay a fee in lieu of dedication of the land, computed in accordance with the regulations provided herein, an offer to construct recreational facilities and/or an offer to privately reserve land for park or recreation purposes.

A. The land reserved for park, recreation and open space usage shall be a single lot which shall comply with the requirements of this chapter relating to length to depth ratios and which shall be accessible to the public. No more than 50% of the lot shall consist of floodplains, wetlands or other features which shall render the lot undevelopable. No stormwater management facilities designed to retain or detain water from other portions of the development shall be permitted on such land reserved for park, recreation and open space usage.

B. A minimum of 2/100 acre of land shall be reserved as park or recreational land for each residential lot created in a subdivision or each dwelling unit created in a land development. Notwithstanding the foregoing, in all cases the minimum area of land reserved as park and recreation land shall be equal to the minimum lot size in the district in which the subdivision or land development is located.

C. The developer may request that the Board of Supervisors permit the provision of park and recreation land other than through public dedication of land as set forth above. The developer shall set forth, in writing, the means by which he will fulfill this requirement which may include the payment of a fee in lieu of dedication of all or a portion of the amount of land required to be dedicated, construction of recreational facilities, the private reservation of land, or any combination of dedication, fees, construction of recreational facilities, or private reservation.

(1) If a fee in lieu of dedication is proposed by the developer, said fee shall be a minimum of $150 per lot in a residential subdivision or per dwelling unit in a residential land development. All such fees shall be a condition of final plan approval, and no plans shall be signed by the Township until such fees are paid. All fees shall be held and used by the Township in accordance with the requirements of Article V of the Municipalities Planning Code, 53 P.S. § 10501 et seq.

(2) If the developer proposes to construct recreational facilities, the developer shall present a sketch plan of such facilities and an estimate of the cost of construction.

(3) If the developer proposes the private reservation of land, the developer shall provide for the maintenance of such land through either the inclusion of such land as common elements of a condominium or the creation of a homeowners association which shall meet the requirements for a unit owners association contained in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. Such documentation shall be recorded, shall provide that the land cannot be further developed, and shall give the Township the rights to maintain the land as set forth in Article VII of the Municipalities Planning Code, 53 P.S. § 10701 et seq., dealing with the maintenance of common open space in planned residential developments. Notwithstanding the foregoing, the developer may request that the Township approve transfer of the land to an organization dedicated to the conservation of natural resources with deed restrictions preventing further development acceptable to the Township Solicitor.

D. The developer shall enter into an agreement with the Township setting forth the fees to be paid, the facilities to be constructed, or the land to be privately reserved and the method of its maintenance. All such agreements shall be in a form satisfactory to the Township Solicitor.

§ 22-513 Traffic Impact Study.

[Ord. 1997-1, 5/12/1997, § 513]

1. Purpose. Whenever a proposed project will generate 100 new vehicle trips in the peak direction (inbound or outbound) during the site peak traffic hour, the applicant shall perform a traffic impact study. Based on this study, certain improvements may be identified to provide safe and efficient access to the development. In addition, a traffic impact study shall be prepared whenever either one of the following conditions exist within the impact study area:

A. Current traffic problems exist in the local area, such as a high-accident location, confusing intersection, or a congested intersection which directly affects access to the development.

B. The ability of the existing roadway system to handle increased traffic, or the feasibility of improving the roadway system to handle increased traffic is limited.

C. A residential development contains 50 or more residential units.

2. Traffic Impact Study.

A. Area of Traffic Impact Study. The traffic impact study area shall be based on the characteristics of the surrounding area. The intersections to be included in the study shall be adjacent to the site. The intersections shall be mutually agreed upon by the municipalities in which the proposed project is located and the traffic engineer preparing the study.

B. Preparation by Transportation Engineer Required. Traffic impact studies shall be prepared under the supervision of qualified and experienced transportation engineers with specific training in traffic and transportation engineering and at least two years of experience related to preparing traffic studies for existing or proposed developments.

C. Horizon Year. The traffic forecasts shall be prepared for the anticipated opening year of the development, assuming full buildout and occupancy. This year shall be referred to as the "horizon year" in the remainder of this chapter.

D. Nonsite Traffic Estimates. Estimates of nonsite traffic shall be made, and will consist of through traffic and traffic generated by all other developments within the study area for which preliminary or final plans have been approved. Nonsite traffic may be estimated using any one of the following three methods: "build-up" technique, area transportation plan data or modeled volumes, and trends or growth rates.

E. Trip Generation Rates Required. The traffic impact study report shall include a table showing the categories and quantities of land uses, with the corresponding trip generation rates or equations (with justification for selection of one or the other), and resulting number of trips. The trip generation rates used must be either from the latest edition of Trip Generation by ITE, or from a local study of corresponding land uses and quantities. All sources must be referenced in the study.

F. Consideration of Pass-By Trips. If pass-by trips or shared trips are a major consideration for the land use in question, studies and interviews at similar land uses must be conducted or referenced.

G. Rate Sums. Any significant difference between the sums of single-use rates and proposed mixed-use estimates must be justified in the study report.

H. Explanations Required. The reasoning and data used in developing a trip generation rate for special/unusual generators must be justified and explained in the report.

I. Definition of Influence Area. Prior to trip distribution of site-generated trips, an influence area must be defined which contains 80% or more of the trip ends that will be attracted to the development. A market study can be used to establish the limits of an influence area, if available. If no market study is available, an influence area should be estimated based on a reasonable documented estimate. The influence area can also be based on a reasonable maximum convenient travel time to the site, or delineating area boundaries based on locations of competing developments. Other methods such as using trip data from an existing development with similar characteristics or using an existing origin-destination survey of trips within the area can be used in place of the influence area to delineate the boundaries of the impact.

J. Estimates of Trip Distribution Required. Trip distribution can be estimated using any one of the following three methods:

(1) Analogy.

(2) Trip distribution model.

(3) Surrogate data.

Whichever method is used, trip distribution must be estimated and analyzed for the horizon year. A multi-use development may require more than one distribution and coinciding assignments for each phase (for example, residential and retail phases on the same site). Consideration must also be given to whether inbound and outbound trips will have similar distributions.

K. Trip Assignments. Assignments must be made considering logical routings, available roadway capacities, left turns at critical intersections, and projected (and perceived) minimum travel times. In addition, multiple paths should often be assigned between origins and destinations to achieve realistic estimates rather than assigning all of the trips to the route with the shortest travel time. The assignments must be carried through the external site access points and in large projects (those producing 500 or more additional peak direction trips to or from the site during the development's peak hour) through the internal roadways. When the site has more than one access driveway, logical routing and possibly multiple paths should be used to obtain realistic driveway volumes. The assignment should reflect conditions at the time of the analysis. Assignments can be accomplished either manually or with applicable computer models. If a thorough analysis is required to account for pass-by trips, the following procedure should be used:

(1) Determine the percentage of pass-by trips in the total trips generated.

(2) Estimate a trip distribution for the pass-by trips.

(3) Perform two separate trip assignments, based on the new and pass-by trip distributions.

(4) Combine the pass-by and new trip assignment.

Upon completion of the initial site traffic assignment, the results should be reviewed to see if the volumes appear logical given characteristics of the road system and trip distribution. Adjustments should be made if the initial results do not appear to be logical or reasonable.

L. Total Traffic Impacts. Traffic estimates for any site with current traffic activity must reflect not only new traffic associated with the site's redevelopment, but also the trips subtracted from the traffic stream because of the removal of a land use. The traffic impact report should clearly depict the total traffic estimate and its components.

M. Capacity Analysis. Capacity analysis must be performed at each of the major street and project site access intersection locations (signalized and unsignalized) within the study area. In addition, analyses must be completed for roadway segments, deemed sensitive to site traffic within the study area. These may include such segments as weaving sections, ramps, internal site roadways, parking facility access points and reservoirs for vehicles queuing off site and on site. Other locations may be deemed appropriate depending on the situation. The recommended level-of-service analysis procedures detailed in the most recent edition of the Highway Capacity Manual must be followed. The Township considers the overall level-of-service ratings A, B, C and D to be acceptable for signalized intersections (levels C or better are considered desirable); level-of-service E or F is considered to be unacceptable. The operational analyses in the Highway Capacity Manual should be used for analyzing existing conditions, traffic impacts, access requirements, or other future conditions for which traffic, geometric, and control parameters can be established.

N. Required Levels of Service. The recommendations of the traffic impact study shall provide safe and efficient movement of traffic to and from and within and past the proposed development, while minimizing the impact to non-site trips. The current levels of service must be maintained if they are C or D, not allowed to deteriorate to worse than C if they are currently A or B, and improved to D if they are E or F.

O. Documentation Required. A traffic impact study report shall be prepared to document the purpose, procedures, findings, conclusions, and recommendations of the study.

(1) The documentation for a traffic impact study shall include, at a minimum:

(a) Study purpose and objectives.

(b) Description of the site and study area.

(c) Existing conditions in the area of the development.

(d) Recorded or approved nearby development.

(e) Trip generation, trip distribution and modal split.

(f) Projected future traffic volumes.

(g) An assessment of the change in roadway operating conditions resulting from the development traffic.

(h) Recommendations for site access and transportation improvements needed to maintain traffic flow to, from, within, and past the site at an acceptable and safe level of service.

(2) The analysis shall be presented in a straight forward and logical sequence. It shall lead the reader step-by-step through the various stages of the process and resulting conclusions and recommendations.

(3) The recommendations shall specify the time period within which the improvements should be made (particularly if the improvements are associated with various phases of the development construction), and any monitoring of operating conditions and improvements that may be required.

(4) Data shall be presented in tables, graphs, maps and diagrams wherever possible for clarity and ease of review.

(5) To facilitate examination by the Township, an executive summary of one or two pages shall be provided, concisely summarizing the purpose, conclusions, and recommendations.

(6) The report documentation outlined above provides a framework for site traffic access/impact study reports. Some studies will be easily documented using this outline. However, the specific issues to be addressed, local study requirements, and the study results may warrant additional sections.

3. Improvements.

A. Responsibility for Improvements. The applicant shall be responsible for the improvements required to provide safe and convenient ingress and egress to the development site.

B. Coordination with Municipal Requirements. The applicant shall be responsible for other improvements as may be agreed to with the Township or which are required by any Township impact fee ordinance to be installed or paid for by the applicant consistent with provisions of Article V-A of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, 53 P.S. § 10501-A et seq., as amended.

§ 22-514 Fire Protection.

[Ord. 1997-1, 5/12/1997, § 514]

1. If off-site water service is to be utilized, mains shall be sized to provide for adequate pressure and supply for the anticipated demands of the subdivision or land development and to meet the minimum requirements for fire protection established by the Middle Department Association of Fire Underwriters. Minimum main size shall be six inches. If off-site water service is to be provided, Township approved hydrants shall be installed at a maximum spacing so that all buildings or structures shall be within 600 feet of a hydrant. If a distribution system is installed in anticipation of providing off-site water service in the future but individual on-site wells are initially contemplated, hydrant connections shall be provided for future installation of hydrants. System design and the design and development of water sources shall conform to the requirements of the Pennsylvania Department of Environmental Protection, the Chester County Department of Health and the provisions of this chapter.

2. Industrial, commercial and institutional uses shall have an adequate system for fire protection which will include mains, hydrants and standpipes. In addition, the Board of Supervisors may, upon recommendation of the Township Engineer, require automatic fire suppression systems and/or automatic alarm systems for any industrial, commercial or institutional use and for multi-family dwellings containing more than three dwelling units.

3. Where a permit is required by the Pennsylvania Department of Environmental Protection or by the Department of Labor and Industry or by the Office of the State Fire Marshal or Pennsylvania State Police, it shall, unless deferred by consent of the Board of Supervisors, be presented as evidence of such review and approval in the case of private systems before approval of the subdivision or land development plan.

§ 22-515 Operations and Performance Standards.

[Ord. 1997-1, 5/12/1997, § 515]

1. All uses within East Nottingham Township shall operate in compliance with applicable state and federal regulations, as they are periodically amended. The following lists known governmental regulations associated with various land use impacts. This list in no way excludes or limits federal or state jurisdiction over uses within the Township, but is merely provided for information to applicants and landowners:

A. Noise Pollution and Vibration. Rules and Regulations of the Pennsylvania Department of Environmental Protection.

B. Air Pollution, Airborne Emissions and Odor. Rules and Regulations of the Pennsylvania Department of Environmental Protection.

C. Water Pollution. The Clean Streams Law, June 22, 1937 P.L. 1987, 35 P.S. 691.1 et seq., as amended.

D. Mine Reclamation and Open Pit Setback. Pennsylvania Act No. 1984-219, the "Noncoal Surface Mining Conservation and Reclamation Act."

E. Glare and Heat. Rules and Regulations of the Pennsylvania Department of Environmental Protection.

F. Handicap Access. The latest version of the American Disabilities Act.

§ 22-516 Fences.

[Ord. 1997-1, 5/12/1997; as added by Ord. 2003-9, 7/14/2003, § 516]

Wherever a subdivision borders an operating farm, a fence shall be installed along the property lone to help discourage trespassing. The fence shall be constructed by the developer and maintained thereafter by the farmer. Should the parties not be able to agree on the type of fencing, at a minimum the Township shall require a four-foot high fence with six strands of hi-tensile wire on treated poles spaced every 10 feet.