A.
The standards of design and construction in this article shall be
used to judge the adequacy of subdivision and land development proposals
and shall be considered to be the minimum criteria in achieving the
purpose and objectives of this chapter.
B.
In addition to the standards included herein, development proposals
shall also comply with such construction and material specifications
as are or shall be adopted by the Board of Supervisors and are contained
in the North Codorus Township Construction Specifications.
C.
Variations or modifications to these criteria may be granted by the Board of Supervisors in accordance with the provisions set forth in § 165-15 of this chapter. Where questions should arise regarding the interpretation of these design standards, the determination of the Board of Supervisors shall prevail.
D.
Whenever the Zoning Ordinance[1] provides that the use proposed by the applicant for subdivision
and/or land development approval shall constitute a use by special
exception or conditional use or require a variance from any provisions
of the Zoning Ordinance, the applicant shall obtain such special exception,
conditional use, or variance from the Zoning Hearing Board or Board
of Supervisors, as applicable, prior to submission of the final plan.
The plan shall be designed and developed in accordance with any conditions
which have been imposed upon the grant of such special exception,
conditional use, or variance by the Zoning Hearing Board or Board
of Supervisors, as applicable.
A.
Hazards. No land shall be subdivided or developed for any purposes
unless adequate safeguards against flood, fire, environmental contamination
and disease have been taken to minimize hazards to life, health, or
property.
(1)
If the Planning Commission or Board of Supervisors have reason to
believe that an environmental contamination issue may create a hazard
to occupants of the subdivision or land development, the applicant
shall be required to submit professional studies to show the extent
of the contamination and to address how those threats will be addressed.
For example, an applicant may propose to extend public water service
to a subdivision where there is a high risk of contaminated groundwater.
C.
Development. Proposed projects shall be coordinated with the road
system of adjacent areas. Additionally, all development shall be designed
to avoid unnecessary impervious cover and to mitigate adverse effects
of shadow, noise, glare, odor, traffic, drainage, and utilities on
neighboring properties.
D.
Natural and historic features. Reasonable measures shall be taken
to ensure the preservation of natural areas and historic buildings,
as determined by North Codorus Township to be worthy of such preservation.
The words "street" and "road" are used interchangeably. All
streets proposed to be constructed or extended within the Township
shall conform to the following design requirements, in addition to
other requirements of this chapter and the Township's Construction
Specifications:
A.
Proposed streets shall be planned to be coordinated with the existing
street system, to provide sufficient access for fire protection, large
vehicles (such as trash and moving trucks) and emergency vehicles,
to provide for pedestrian traffic, to handle projected volumes of
traffic, to consider existing and proposed use of land on abutting
properties, and to allow for future extensions of the street systems,
where appropriate.
B.
Residential streets shall be designed to discourage excessive through-traffic
and excessive speeds. However, the Township may require any street
to be designed so that it can be extended in the future to provide
access to future development.
C.
Proposed streets which are aligned with existing streets shall continue
the name of the existing street. In the event a proposed street is
not aligned with an existing street, it shall not bear a name similar
to any existing street located within the Township and/or the same
postal service area or the same fire company primary service area.
This requirement shall still apply even if two streets have a different
suffix (such as "Street" vs. "Drive.")
D.
Streets shall be logically related to topography so as to produce
reasonable grades, satisfactory drainage and suitable building sites.
A profile shall be required to be submitted showing the finished grades
of any proposed street.
E.
The streets must be properly located and built with regard to the
proposed traffic functions as shown in the Township Comprehensive
Plan, including minimizing of through traffic on minor streets and
the maintenance of the ability of major streets to accommodate through-traffic
without excessive conflicts from turning movements into and out of
driveways.
F.
The arrangement, character, extent, width, grade, and location of
all streets and highways must conform to their functional classification
as identified below. The classification of a street may be revised
by written resolution of the Board of Supervisors.
G.
The Board of Supervisors may require that lots have their primary vehicle access onto a street other than an arterial street, where feasible and justified considering traffic conditions. See also § 165-38G. This decision should balance issues of compatibility with nearby homes and the need to control access onto major roads to avoid traffic safety and congestion problems.
H.
The functional classification of streets/roads is described below.
For new streets, the Township Comprehensive Plan should be consulted
by the Township to determine the appropriate functional classification.
(1)
Arterial. A high order, inter-regional street in the street hierarchy.
Arterial streets are intended to carry large traffic volumes at steady
speeds with minimum interruptions to traffic flow over moderate distances.
The following streets shall be considered arterials for the purposes
of this chapter:
|
Arterials
| |
|
York Road (S.R. 0116)
| |
|
Jefferson Road (S.R. 0516)
| |
|
Glen Rock Road (S.R. 0616)
| |
|
Trinity Road (S.R. 0616)
| |
|
New Salem Road (S.R. 3046)
| |
|
Seven Valleys Road (S.R. 0616)
|
(2)
Collector. This classification includes highways that provide connections
with local roads, arterials and state highways. They may serve a traffic
corridor connecting villages, small boroughs, mining and agricultural
areas on an intra-county or township basis. Many trips destined to
such points originate in widely diffused locations. Traffic volumes
and trip lengths vary greatly depending upon size and distance between
localities.
|
Major Collectors
| |
|
Green Valley Road (S.R. 3041)
| |
|
Days Mill Road (S.R. 3042)
| |
|
Indian Rock Dam Road (S.R. 3044)
| |
|
Colonial Valley Road (S.R. 3053)
| |
|
Lehman Road (S.R. 3090)
| |
|
Salem Road (S.R. 3042)
| |
|
Stoverstown Road (S.R. 3042 and 3061)
| |
|
Minor Collectors
| |
|
Ambau Road (T-383)
| |
|
Arnold Road (S.R. 3021)
| |
|
Bentz Road (part S.R. 3088 and part T-382)
| |
|
Glatfelters Station Road (S.R. 3020)
| |
|
Joseph Road (T-499)
| |
|
Kraft Mill Road (S.R. 3047)
| |
|
Messersmith Road (T 501)
| |
|
Myers Road (S.R. 3043, 3076 and 3078 and T-145)
| |
|
Noss Road (T-403)
| |
|
Porters Road (S.R. 3082)
| |
|
Slagel Road (T-488)
| |
|
Tunnel Hill Road (Part S.R. 3019 and part T-538)
| |
|
Walters Hatchery Road (T-485)
| |
|
Waltersdorff Road (T-319)
| |
|
Zeiglers Church Road (S.R. 3076)
|
(3)
Local. This classification is intended to include streets that primarily
provide direct access to abutting land and includes connections from
farms, individual residences and commercial properties to higher classes
of roads. Trip lengths are typically short and operating speeds are
low. All roads which are not listed above as arterials or collector
roads shall be considered to be local roads, unless a new road is
designed to serve a collector function.
(4)
Alleys. The use of alleys is permitted only in the Village Center
District or where specifically approved by the Board of Supervisors,
and shall be limited to providing a means of access to the side and/or
rear of those lots with street frontage and shall be designed to discourage
through traffic. The intent is that the Township will not accept dedication
of an alley. Instead, for any alley, a legally binding and Township-approved
method shall be used to ensure proper maintenance.
(5)
Cul-de-sac. Permanent cul-de-sac streets are discouraged. Where no
potential for a through-street exists because of the shape of the
lot, a permanent cul-de-sac may be approved by the Board of Supervisors.
The maximum length of a permanent cul-de-sac street shall not exceed
500 feet as measured from the right-of-way line of the intersecting
street to the beginning of the cul-de-sac bulb. Alternative designs
to the circular cul-de-sac will be considered only if they meet the
requirements of Act 655 for obtaining liquid fuels tax allocations.[1]
(a)
At the end of every cul-de-sac, provisions shall be included
for a snow storage easement, with a twelve-foot minimum width and
with proper drainage. The easement shall be located so that snow may
be pushed straight off of the end of the cul-de-sac by a snowplow.
Driveways and mailboxes shall not obstruct the snow storage easement.
(b)
A temporary cul-de-sac turnaround may be approved where a road
is proposed to be extended in the future. In such case, the plan shall
state how the excess right-of-way will be owned after the cul-de-sac
is no longer needed.
[1]
Editor's Note: See 75 Pa.C.S.A. § 9001 et seq.
(6)
Private streets. A new or extended private street or the subdivision
of land to result in a new driveway onto an existing private street
shall only be allowed if the street meets all of the construction
requirements that would apply to a public street, and if there is
a legally binding agreement in place to ensure the proper maintenance
and funding of the street over time.
(a)
Such agreement shall be recorded with the York County Recorder
of Deeds in conjunction with the final plan. This agreement shall
stipulate the following:
[1]
Private streets shall be constructed and maintained in conformance
with public street standards of this chapter.
[2]
The Township is under no obligation at any time to agree to
accept dedication of any street.
[3]
The method of assessing maintenance and repair costs to the
owners of adjacent lots shall be described, which shall be legally
binding.
[4]
The applicant must show that there is an agreement to clearly
distribute the costs of maintenance and repair over time, such as
a front foot assessment.
(b)
Before an applicant can receive permission to create one new
lot on a private street that existed prior to July 1, 1998, and that
does not meet requirements for a public street, the applicant must
prove to the satisfaction of the Township that the street will have
a sixteen-foot wide and twelve-foot-high clear pathway, which shall
include a minimum cartway of 12 feet, which shall be maintained in
crushed stone or asphalt in a mud-free condition, and which will be
maintained in a condition that is accessible to an ambulance and other
emergency vehicles. If more than one new lot is proposed, the Board
of Supervisors may require a wider cartway and a more substantial
roadway construction, as they determine is necessary to handle the
expected traffic volumes.
(7)
Dead-end streets. Dead-end streets without a Township-approved turnaround
at the end are prohibited.
(8)
Future streets. Where deemed necessary by the Township, land area
shall be reserved for future street usage in conjunction with the
development of adjoining properties. Such land area for a future street
is not required to be improved if they are not necessary to adequately
serve currently proposed development. Instead, a stub right-of-way
may be required to be set aside for future extension by the developer
of the adjacent tract. When connecting a proposed street to an existing
temporary cul-de-sac, such connection and all restoration work required
to restore the adjacent lots in the area of the existing turnaround
shall be the responsibility of the developer proposing the connection.
(a)
Where subdivisions or land developments abut existing streets which do not conform to the minimum right-of-way and cartway widths of this chapter, such existing streets shall be improved to the specifications of § 165-38 from the center line of the streets abutting the property being subdivided or developed. See § 165-38B(8), which may allow a modification to avoid a street widening. Under § 165-38A., such additional right-of-way shall also be required to be reserved for future dedication, if and when it may be needed.
Streets shall be designed in accordance with the Township Construction
Specifications, latest edition (provided that where such specifications
do not include a standard, the latest published version of PennDOT
Publication 408 shall be utilized); and the following criteria, whichever
is more stringent:
A.
Ultimate right-of-way. The ultimate right-of-way width shall be reserved on existing streets (as indicated in § 165-37H) in accordance with the following:
(1)
Arterial roads. An eighty-foot right-of-way, measured 40 feet from
the center line of existing roads.
(2)
Collector roads. For both major and minor collector roads, a sixty-foot
right-of-way, measured 30 feet from the existing street center line.
(3)
Local roads. A fifty-foot right-of-way, measured 25 feet from the
center line of existing roads.
(4)
An ultimate right-of-way along an existing street is not required
to be immediately dedicated, unless the Township or PennDOT specifically
request that all or part of the additional right-of-way be dedicated.
In other cases, the future right-of-way shall be reserved for future
dedication to the Township or PennDOT, and the requirement shall be
deferred until the Board of Supervisors or PennDOT may in writing
determine that it is needed.
B.
Street right-of-way and cartway width. The minimum right-of-way and
cartway widths for new streets shall be based upon the following:
(1)
Arterial streets. To be decided upon by PennDOT, after a review by
the Township Engineer and the Board of Supervisors. The Board of Supervisors
shall also have the authority to require that up to 40 feet of right-of-way
on each side of the centerline of an arterial street be dedicated
or reserved for future dedication, unless the applicant proves to
the Board of Supervisors that the proposed subdivision or land development
does not generate any additional need for the additional right-of-way.
(2)
Major collector streets.
(4)
Local streets.
(a)
Provide access primarily to dwellings at a density of less than
two units per acre; or
(b)
Serves an average daily traffic count less than 500 vehicles.
|
Type of Street
|
Minimum Right-of-Way Width
(feet)
|
Minimum Cartway Width
(feet)
| |
|---|---|---|---|
|
Major collector
|
60
|
36
| |
|
Minor collector
|
50
|
28
| |
|
Local
|
50
|
24
| |
|
Cul-de-sac
|
10 feet outside of the cartway
|
801
|
|
NOTE:
| ||
|---|---|---|
|
1
|
Width or diameter.
| |
(5)
Additional cartway width may be required by the Township where necessary
for on-street parking, particularly for residential developments with
a density of two or more dwelling units per acre. An applicant for
an attached housing development may propose overflow parking areas
in place of providing on-street parking.
(6)
The extension of existing streets which are presently constructed
with a cartway different from the standards of this chapter shall
be provided with a transition area, the design of which is subject
to Township approval.
(7)
The Board of Supervisors may require that streets that are not curbed
shall include compacted stone shoulders with a width of up to four
feet on each side of the cartway, and that streets that are curbed
include paved shoulders of up to four feet width on each side of the
cartway.
(8)
Fee in lieu of road improvements. If an applicant seeks that a modification
be granted to reduce the required street width, the Board of Supervisors
may establish a condition that the applicant shall contribute an amount
equal to 50% of the resulting cost savings in order for the modification
to be approved. Such fee shall be accounted for separately in a road
improvement account and shall only be used for improvements of public
roads in the general vicinity of the development. If an applicant
desires to use this provision, the applicant's engineer, surveyor
or landscape architect shall submit an accurate estimate of the costs
of meeting the requirement, which shall be subject to revision and
acceptance by the Township Engineer.
C.
Horizontal street alignment. The following criteria shall apply to
the horizontal alignment of all proposed and reconstructed streets:
(1)
Horizontal street alignments shall be measured along the center line
and horizontal curves shall be used at all angle changes.
(2)
Where practical, single, long radius curves shall be used rather
than a series of curves with varying radii or a series of short curves
separated by short, straight segments. Additionally, decreasing radius
curves are specifically prohibited.
(3)
The minimum horizontal curve radius shall be 300 feet for major and
minor collector streets, 150 feet for local streets, and subject to
PennDOT review and concurrence for arterial roads.
(4)
A minimum tangent of 100 feet between reverse curves shall be provided
on all streets.
D.
Vertical street alignment. The following criteria shall apply to
the vertical alignment of all proposed and reconstructed streets:
(1)
Vertical street alignment shall be measured at the center line and
vertical curves shall be used in changes of grade when the algebraic
difference exceeds 1%.
(2)
The minimum grade of all streets shall be 1% and the maximum grade
shall not exceed 10% for major and minor collector street and local
streets. The grade of arterial roads shall be a minimum of 1% and
a maximum of 6%, unless a differing standard is required by PennDOT
for a state road.
(3)
Vertical curves shall have a minimum length of 300 feet for major
and minor collector streets and 200 feet for local streets.
(4)
The maximum grade for 50 feet on each side of an intersection may
not exceed 4%, unless a more restrictive requirement is established
by PennDOT along a state road.
(5)
The grade within the diameter of a turnaround of a permanent cul-de-sac
shall be at least 1% and shall not exceed 5% in all directions.
(6)
See § 165-46B(10)(a) concerning cut and fill slopes.
E.
Street intersections.
(1)
All intersections with state routes shall be subject to the approval
of PennDOT and copies of highway occupancy permits shall be submitted
to the Township prior to or as a condition of final plan approval.
(2)
All intersections involving the junction of more than two streets
are prohibited.
(3)
The minimum separation between the center line intersections of streets
shall be measured along the center line of the street being intersected
and shall meet the following requirements. The strictest requirement
shall apply.
|
Street Classification
|
Minimum Offset
(feet)
| |
|---|---|---|
|
Arterial
|
800
| |
|
Major collector
|
600
| |
|
Minor collector
|
500
| |
|
Local
|
200
|
(4)
All streets shall intersect with each other at a right angle. However,
intersections of new and existing minor collector and local streets
may deviate from perpendicular a maximum of 15° in either direction.
(5)
The minimum radii of the cartway edge at intersections shall be 50
feet for collector streets and 35 feet for local streets. The right-of-way
radii at intersections shall be concentric with the cartway edge,
where possible.
F.
Improvement specifications. All streets shall be designed and constructed
in accordance with the latest edition of PennDOT Publication 408 and
the North Codorus Township Construction and Materials Specifications,
as amended. Publication 408 shall be used where required by PennDOT
or where the Township specifications do not address a particular matter.
G.
Lots abutting arterial and collector roads. In a subdivision or land
development abutting an arterial or major collector street, one of
the following may be required by the Board of Supervisors where feasible:
(1)
The frontage shall be reversed so that the lots contiguous to such
roadways will front on a new minor collector or local street or an
existing local street, with an additional lot depth of 15 feet as
an easement exclusively for planting and screening to be provided
by the developer along the existing street; or
(2)
A service road shall be provided along such existing street and shall
be separated from the right-of-way thereof by a landscaped area at
least 20 feet in width; or
(3)
Such other means of separating through and local traffic and of providing
a suitable buffer shall be provided as the Board of Supervisors may
determine to be appropriate.
A.
General layout. In general, the configuration of blocks and lots
must be based upon the:
(1)
Provision of adequate building sites suitable to the special needs
of the type of use contemplated.
(2)
Zoning requirements as to lot sizes, dimensions, yards, and other
open areas.
(3)
Needs for convenient access, circulation, control, and safety of
street traffic.
(4)
Limitations and opportunities of topography and other natural features.
B.
Blocks.
(1)
Blocks shall be of sufficient depth to permit two tiers of lots,
except where reverse frontage lots are necessary or in the case of
open space layouts or other site-specific limitations.
(3)
In nonresidential areas, the block and lot layout must be designed
with consideration of site conditions:
(4)
Pedestrian easements may be required where necessary to assist circulation
or provide access to community facilities or between neighborhoods.
Required pedestrian easements shall have a width of not less than
10 feet and an approved surface of crushed stone or a hard surface
of not less than five feet.
C.
Lot configuration.
(1)
Whenever practical, side lot lines shall be perpendicular to or radial
to street lines.
(2)
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 requirements of each
municipality shall apply to the applicable portion of the lot.
(3)
Through lots. Through lots (see definition) that abut two streets
are permitted only when necessary to avoid vehicular access on a high-traffic-volume
street or to avoid vehicular access in an area with severely limited
sight distance. All through lots shall designate one frontage as the
rear yard. The rear yard shall have a planted buffer of at least 15
feet in width that must be maintained and that is located immediately
contiguous to the street right-of-way. Vehicular access shall be prohibited
from the rear of reverse frontage lots. The plan shall specifically
identify the rear yard and the frontage that is used to access the
street.
(5)
Double frontage lots. Double frontage lots are discouraged, except
where desired along arterial streets or required due to the limitations
of a specific site.
(a)
Where a lot is permitted to have reverse frontage, a landscaped
screen at least 15 feet wide shall be provided by the developer between
the lot and the arterial street.
(b)
Access to all double frontage lots shall be limited to only
the street of lower classification. In the case where the lot fronts
on streets of the same classification, access shall be from the street
with the lower speed limit.
(7)
Lot area. Regardless of how lot descriptions are written, for the
purposes of compliance with Township Zoning requirements and this
chapter, land areas located within street right-of-way lines shall
not be considered part of the lot area and shall not be used to meet
lot dimensional requirements.
(9)
Lot frontage. Residential lots, unless permitted as a flag lot, shall front for their full required width on a dedicated public street, existing or proposed, or a private street which conforms to the specifications and requirements of this chapter. See § 165-37H(6), which addresses use of an existing private street.
(10)
All lots shall be designed to provide sufficient building area
after consideration of building setbacks, easements, one-hundred-year
floodplains, wetlands and related features.
(11)
All remnants of land (areas remaining after subdivision) shall
conform to the lot area and configuration requirements.
A.
Reference datum. All markers and monuments shall be referenced to
the North American Datum Pennsylvania State Plane Coordinates and
performed to standards of the United States Geodetic Survey.
B.
Removal. Any monuments or markers that are removed must be replaced
by a professional land surveyor at the expense of the person removing
them.
C.
Permanent concrete monuments shall be accurately placed along one
side of the right-of-way lines of each street and on the property
lines of the parent property. Monuments shall be placed at the intersection
of all street lines forming angles, changes in direction, and at the
end of each curved line. An intermediate monument shall be placed
wherever topographical or other conditions make it impossible to sight
between two otherwise required monuments. Monuments shall also be
required at a minimum of one corner of each lot used for principal
commercial or industrial uses.
D.
Markers shall be set at all points where lot lines intersect curves
and/or other property lines and at both high and low elevation points
to provide easy identification.
E.
Monuments shall be of concrete, 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 three-quarter inch copper
or brass dowel; stone or precast monuments shall be marked on the
top with a proper inscription and a drill hole.
F.
Markers shall consist of iron pipes or steel bars at least 30 inches
long and not less than a three-quarter-inch diameter.
G.
All monuments and markers shall be placed by a registered land surveyor
so that the scored or marked point shall coincide exactly with the
point of intersection of the lines being monumented or marked.
H.
All monuments/markers shall be set flush with the finished grade,
except for temporary placement and/or woodland conditions.
I.
All existing and proposed monuments and lot line markers shall be
delineated on the final plan.
B.
In addition, vehicular parking facilities for land uses other than
single-family residences shall be designed according to the following
provisions:
(1)
Where a parking area abuts a street or property line, a landscaped
strip shall be provided along the entire street right-of-way line
and/or property line. This landscape strip may be located within any
other required landscape strip. At least one shade tree shall be provided
for each 75 linear feet of landscaping area. These trees shall have
a clear trunk at least five feet above finished grade. All landscape
strips shall be a minimum of 10 feet wide.
(2)
Horizontal curves in a parking area shall have a minimum radius of
five feet.
(3)
All dead-end parking areas shall be designed to provide a sufficient
backup area for end stalls, with a stub area at least 20 feet by 10
feet in size that is placed to allow a "K-turn."
(4)
Painted lines, arrows, and dividers shall be provided and maintained
to control parking and, when necessary, to control vehicular circulation.
The lines of all parking stalls shall be solid and four inches in
width. Painted lines, arrows, and dividers shall be provided and maintained
to control parking and direct vehicular circulation. Directional arrows
shall be white, and placed on the pavement and be at least four feet
long.
(6)
Parking areas shall be set back from public rights-of-way in accordance
with the Zoning Ordinance.
(7)
Parking areas shall provide ample room to allow for snow removal.
An area equal to 5% of the parking area (preferably in less frequently
used parking spaces) shall allow for storage of snow piles and proper
drainage of melting snow.
(8)
The width of all parking aisles providing direct access to individual
parking stalls shall be in accordance with the requirements specified
below. If a different angle is used, then whichever of the following
angles that is closest shall be used. Only one-way traffic shall be
permitted in aisles serving single-row parking spaces placed at an
angle other than 90°.
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
| |
|---|---|---|
|
30
|
12
| |
|
45
|
14
| |
|
60
|
18
| |
|
90
|
24
|
(9)
Parking areas shall be paved with concrete or bituminous materials
in accordance with the Township Construction Specifications, unless
specifically approved otherwise by the Township. The Board of Supervisors
may approve stone parking lots in low-use areas. The Township Engineer
may approve pervious pavement materials, based upon a suitable specification
proposed in writing by the applicant.
(11)
Parking spaces for handicapped individuals shall conform to the requirements of the Americans With Disabilities Act, as amended, and § 195-48 of the Zoning Ordinance.
(12)
Parking areas shall have a minimum finished slope of 0.5%. A
maximum finished slope of 1% is desirable, but a maximum slope of
6% is permitted, provided that ADA slope requirements are met in areas
of ADA parking spaces.
All single-family and two-family dwelling driveways shall conform
to the following, unless such provisions differ from a subsequently
adopted Township Driveway Ordinance, and except where PennDOT establishes
a different standard along a state road:
A.
The number of driveways involving both turns into a lot and turns
out of a lot shall not exceed one per lot.
B.
Either edge of a driveway may be no closer than:
C.
(Reserved)
D.
Driveways accessing a state road shall require a highway occupancy
permit issued by PennDOT; all Township development approvals are automatically
conditioned upon the applicant showing that such permit has been issued,
where applicable.
E.
Driveways shall not be less than 10 feet nor more than 20 feet wide
along the street right-of-way, unless a wider width is determined
by the Township or PennDOT to be necessary, such as for truck or bus
traffic.
F.
Driveways must be located in safe relationship to sight distance
and barriers to vision. The driveway shall not exceed a slope of 8%
within 15 feet of the street right-of-way line. Where a drive enters
a bank through a cut, the shoulders of the cut may not exceed 50%
in slope within 25 feet of the point the drive intersects the right-of-way.
G.
Clear sight triangle. Driveways shall be located and constructed
so that a clear sight triangle a minimum of 200 feet of length in
each direction as measured along the street center line and along
the driveway center line measured 15 feet back from the street curbline
or ultimate pavement width is maintained. No visual obstructions and/or
plant materials over three feet high and less than 10 feet minimum
clearance shall be placed within this triangular area. This clear
sight triangle restriction shall apply to all property under the control
of the applicant.
H.
Residential single-family detached, single-family semidetached (twin)
and single-family attached dwellings (townhouses) may utilize driveways
as part of required parking for each dwelling unit.
I.
Except for a one-family driveway entering onto a local Township road,
all driveways that otherwise would involve vehicles backing onto a
road shall provide an area to be utilized as a vehicle turnaround
area. The minimum size of this turnaround area shall be 10 feet by
20 feet and the turnaround shall be placed to the side of the main
driveway so that entrance to the road can be performed in a safe manner.
J.
The cartway of all driveways shall be constructed with a minimum
of six inches PennDOT No. 2A aggregate base course and 2 1/2
inches bituminous asphalt. All work shall conform to the requirements
of the latest edition of PennDOT Publication 408 and the Township
Construction Specifications. However, for residential, outdoor recreation
or agricultural driveways longer than 100 feet, only the first 25
feet shall be required to be paved, while the remainder may be maintained
in compacted stone.
(1)
An alternative paving material may be pre-approved by the Township,
such as decorative masonry pavers placed over the base course, or
approved types of pervious asphalt or pervious concrete.
A.
Number per lot. Except as specified elsewhere, the number of access
drives intersecting with each street shall not exceed two per lot.
The Board of Supervisors may grant a waiver for additional access
points where required to meet exceptional circumstances and where
frontage of unusual length exists.
B.
Setbacks. All access drives shall be set back at least:
(1)
One hundred feet from the intersection of any street right-of-way
lines; and
(2)
One hundred feet from any other access drives or driveways located
upon the same lot (measured from cartway edges); and
(3)
One hundred feet from any other access drives or driveways on adjacent
lots;
(4)
Fifteen feet from any side and/or rear property lines; however, this
setback can be waived along one property line when a joint parking
lot is shared by adjoining uses.
C.
Clear sight triangle. Access drives shall be located and constructed
so that a clear sight triangle a minimum of 200 feet in each direction
as measured along the street center line and along the access drive
center line 10 feet back from the street right-of-way is maintained.
No permanent obstructions and/or plant materials over three feet high
and less than 10 feet minimum clearance shall be placed within this
area. In addition, all proposed access drives must have a minimum
adequate safe stopping sight distance based upon PennDOT standards.
This clear sight triangle restriction shall apply to all property
under the control of the applicant.
D.
Access drive width. Access drives shall provide a twelve-foot-wide
cartway for each lane of travel. However, in no case shall any access
drive cartway be less than 18 feet wide. See table below for further
explanation:
|
Number of Lanes
|
Direction of Travel
|
Required Access Drive Width
| |
|---|---|---|---|
|
1
|
One-way
|
18 feet
| |
|
2
|
One- or two-way
|
24 feet, except 20 feet for a driveway intended to serve less
than 50 vehicle trips per day
| |
|
3 or more
|
One- or two-way
|
12 feet/lane
|
(1)
On-street parking shall not be allowed along access drives unless
it is approved as part of the development and an additional eight
feet of width is provided for each side of parking. The Township may
require the installation of no parking signs.
E.
PennDOT permit. Access drives accessing a state highway shall be
required to obtain a highway occupancy permit from PennDOT.
F.
The cartway of all access drives shall be constructed with a minimum
of six inches PennDOT No. 2A aggregate base course or Township-approved
equivalent and 2 1/2 inches bituminous concrete. All work shall
conform to the latest published requirements of PennDOT Publication
408, and the Township Construction Specifications.
A.
The Board of Supervisors shall have the authority to require sidewalks
along one side or both sides of a street where the Supervisors deem
they are necessary to provide safe and efficient pedestrian access.
A long-term goal is also to provide continuous pedestrian access,
but segments may be constructed over time.
B.
The location of any sidewalk shall be subject to approval by the
Township. The Township may allow a sidewalk or pedestrian path to
be located outside of a street right-of-way if there will be an acceptable
pedestrian easement.
C.
Any sidewalks shall be a minimum width of four feet. Sections of
the sidewalk or suitable portions of a driveway apron shall have a
minimum width of five feet in compliance with the Americans With Disabilities
Act, to allow wheelchairs to pass each other. In the vicinity of walking
routes to public schools, a five-foot-minimum sidewalk width shall
be maintained. Sidewalks shall not be designed to have motor vehicles
overhang over a required sidewalk.
D.
Sidewalks and handicap ramps must be constructed in accordance with
the Township Construction Specifications and/or PennDOT requirements.
Note: Within a PennDOT right-of-way, PennDOT handicapped ramp requirements
are more restrictive than the federal ADA requirements.
E.
Where sidewalks are installed, handicap ramps must be provided in
accordance with ADA regulations. The Township may also require the
painting of pedestrian crosswalks across streets.
F.
Pedestrianway easements 10 feet wide may be required by the Township
to provide circulation or access to schools, playgrounds, shopping
or other activity areas.
G.
Sidewalks shall be graded to discharge stormwater runoff and shall
have a minimum cross slope of 2%.
H.
Where the Supervisors do not require the construction of sidewalks
along a street, they may still require that a graded area maintained
in grass be provided along the street to serve pedestrians.
A.
Curbing shall be provided along all new streets and along existing
streets where needed to control stormwater runoff. Curbing may also
be required along existing streets upon the determination of the Board
of Supervisors to protect the cartway or sidewalks, or to continue
an existing pattern of curbing, or to manage on-street parking.
B.
In areas where curbing is not required, suitable gutters or swales
shall be designed and installed subject to Township approval to control
erosion. If curbs are to be installed, the pavement shall extend from
curb to curb, with provisions for curbside drainage.
C.
All curbing shall be designed and constructed in accordance with
the Township Construction Specifications, except PennDOT Publication
408 shall be used within PennDOT right-of-way or where the Township
specifications do not address a particular matter.
See the Township Stormwater Management Ordinance.[1]
A.
All site grading activities shall conform to the requirements of
this chapter, the Township Construction Specifications, or other specifications
as may be recommended by the Township Engineer and approved by the
Board of Supervisors.
B.
In order to provide more suitable sites for building and other uses,
improve surface drainage, and control erosion, the following requirements
shall be met:
(1)
All lots, tracts, or parcels shall be graded to provide proper drainage
away from buildings and dispose of the runoff without ponding, and
all land within a development shall be graded to drain and dispose
of surface water without ponding, except where other arrangements
are approved by the Board of Supervisors.
(2)
All drainage provisions shall be designed to adequately handle the
surface runoff and carry it to the nearest approved stormwater facility
or other approved location. Where drainage swales are used, they shall
be stabilized and planted and shall be of such slope, shape and size
as to conform with the requirements of the Township.
(3)
Changes in surface water runoff that result in concentrations of
runoff from the site shall need approval of the Township.
(4)
Grading shall be done in such a way so as to not divert water onto
the property of another landowner without the expressed consent of
the Township and the affected landowner.
(5)
During grading operations, necessary measures shall be taken to prevent
erosion and/or siltation of waterways.
(6)
During grading operations, necessary measures for dust control shall
be exercised.
(7)
Topsoil shall be preserved and redistributed as cover and shall be
expeditiously planted with erosion-resistant vegetation.
(8)
Tree guards during construction and grading, and limitations as to
cuts and fills, both temporary and permanent near trees, shall be
provided as necessary to give reasonable assurance of their protection
for continued healthy growth.
(9)
Grading equipment will not be allowed to cross waterways unless the
crossing is specifically addressed in an approved erosion and sediment
pollution control plan. See also PADEP permit requirements. The installation
of culverts or bridges must be approved by the York County Conservation
District and/or PADEP as required. Emergency crossings may be permitted
through permission of PADEP.
(10)
Excavations and fills.
(a)
Cut slopes shall not be steeper than 2:1 unless stabilized by
a retaining wall or cribbing, except as approved by the Township Engineer
when handled under special conditions. Fill slopes shall not exceed
3:1. Low-maintenance vegetation may be required to be planted in areas
that are too steep for safe mowing.
(b)
Adequate provisions shall be made to prevent surface water from
damaging the cut face of excavations or the sloping surfaces of fills.
(c)
Cut and fills shall not endanger adjoining property.
(d)
Fill shall be placed and compacted so as to minimize sliding
or erosion of the soil.
(e)
Fills shall not encroach on natural watercourses or swales.
(f)
Fills placed adjacent to natural watercourses or constructed
channels shall have suitable protection against erosion during periods
of flooding.
(11)
Slope controls. The following controls shall apply in all areas
where more than 500 square feet of land with a natural slope exceeding
25% is proposed to undergo regrading.
(a)
Prior to any alteration of the existing grade for development
purposes, and prior to the issuance of a related Township construction
permit, a grading plan shall be approved by the Township Engineer
or other person designated to approve such plans by the Board of Supervisors.
(b)
The applicant shall indicate the methods whereby structural,
erosion and foundation problems caused by slope conditions will be
overcome and water quality will be protected.
(c)
These grading plans shall not conflict with the more generalized
or typical grading and stormwater plans that were submitted as part
of preliminary and final plans, but are intended to provide more detailed
information about specific improvements.
A.
This section addresses compliance with water supply and sanitary
sewage requirements. In certain cases under PADEP regulations, an
amendment may be required to the Township Sewage Facilities Plan,
which also requires reviews by outside agencies.
B.
Sanitary sewage facilities.
(1)
The minimum sewerage facility that shall be provided for any residential
or nonresidential use shall be of materials, design and function in
accordance with standards and regulations as determined by PADEP and
the Township Construction Specifications.
(2)
Where an existing public sewerage system is within 1,000 feet of the subdivision or land development, the developer shall provide the project with a complete sanitary sewer system that is connected to the public sewerage system, unless the applicant proves to the satisfaction of the Board of Supervisors that such extension is not feasible or is unreasonable. Public sanitary sewage services shall not be allowed in the AP or RAC Zoning Districts, except where they are proven to be needed to address an existing public health problem. The design and installation shall be in accordance with Subsection B(4) below and other applicable Township specifications.
(3)
Where a nonpublic centralized sewage system is proposed, such system
shall be subject to approval of PADEP and the Board of Supervisors.
As a condition of Township approval, the Board may establish terms
for future acceptance and/or interconnection of such system on behalf
of the municipality or any central sewage service provider that has
jurisdiction in the area, unless such municipality or provider refuses
to accept such system. Ownership and maintenance responsibility for
all nonpublic centralized sewage systems shall be clearly established
as a condition of final plan approval. All nonpublic sewage systems
shall conform in all respects to the standards and requirements of
the PADEP regulations and wastewater facilities manuals and the Township
and the provider's construction specifications.
(4)
Where a subdivision or land development will be served by a central
sewage system, the developer shall provide the subdivision or development
with a complete sanitary collection system, including collection mains
in approved locations, and with laterals installed to each lot line
for future connection to each home. The collector main shall be of
a material and design approved by the municipal or sewer service provider
and shall conform in all respects to the standards and requirements
as published in the wastewater manual by PADEP and the Township and
sewage provider's construction specifications. Where the potential
exists for future extension of service beyond the proposed subdivision
or land development, the developer may be required by the municipality
or provider to install adequately sized facilities to accommodate
such future growth.
(a)
The laterals shall be of a material and design approved by the
municipal or sewer service provider. The sewage collector mains and
laterals shall be plugged water-tight pending connection with a public
sewer system.
(b)
All sewage collector mains and laterals shall be designed and
inspected by the municipal or sewer provider's engineer, at the cost
and expense of the subdivider or developer.
(c)
Prior to acceptance by the Township or sewage service provider,
all sewage collector lines shall be televised by the developer to
show that they have been properly constructed, with such video information
submitted to the Township, or another entity designated by the Township.
(5)
Where the installation of a sanitary sewer system is not required,
the subdivider or owner of the lot shall provide for each lot, prior
to the time a principal building is occupied, an on-lot sewage disposal
system meeting Township and PADEP regulations. On each new lot approved
after the effective date of this chapter, where a septic drain field
is to be used, a second tested and approved area shall be provided
for an alternative drain field location. Such alternate drain field
location shall be shown on all building plans and shall not be compacted
or built upon.
(6)
Unless otherwise provided in the Pennsylvania Sewage Facilities Act[1] and regulations thereunder, all installations of sewerage
facilities within the Township shall be in accordance with a permit
issued by the Township. For on-lot septic systems, the Township's
Sewage Enforcement Officer shall be contacted for the required testing.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(7)
The subdivider or developer shall also provide at his/her expense
the information and sufficient number of copies of any required sewage
facilities planning module and/or amendment to the Township's Sewage
Facilities (Act 537) Plan, in accordance with the requirements of
PADEP. The module may be required for either subsurface septic systems
or centralized sewer extensions.
(8)
Where practical, sewer laterals and their cleanouts shall not be
located under driveways, access drives or parking areas.
C.
Water supply facilities.
(1)
Where a water supply system exists within 1,000 feet of a proposed
subdivision or land development, the developer shall be required to
extend and to connect to such water system, unless the applicant proves
to the satisfaction of the Board of Supervisors that such extension
is not feasible or would be unreasonable. Central water services shall
not be required to be extended into the AP or RAC zoning districts,
except where they are necessary to address an existing or potential
water contamination issue. Where an extension is required, the developer
shall provide a complete water distribution system that is suitable
for connection to the larger system. The design and installation shall
be in accordance with Township specifications or the requirements
of the agency or entity having jurisdiction, as a condition of Township
approval. Proof that the agency or entity having jurisdiction can
and will provide service to the project shall be provided to the Township
prior to final plan approval.
(2)
Where a new water system is proposed that is not connected to a larger
existing central water system, such system shall be subject to the
applicable approval of PADEP and the Township. As a condition of Township
approval, the Board may establish terms for any future acceptance
of such system on behalf of the Board of Supervisors. Ownership and
maintenance responsibility for all nonpublic central water systems
shall be clearly established as a condition of final plan approval.
(a)
Before a new central water system is approved, the applicant
shall provide credible evidence that there will be a sufficient customer
base and revenue stream to properly fund the system over time, and
that there will be proper guarantees to ensure professional operation
and maintenance of the water system.
(3)
Where installation of a public water supply system is not required,
the developer and/or owner of each lot shall provide a private well
or other approved water system prior to the issuance of any construction
permit for a new principal building. The developer or owner shall
submit a copy of the well driller's report to the Township to show
that the well has adequate flow to serve the intended use. Also, prior
to issuance of a construction permit, the developer or owner shall
have a water quality test conducted of the well water, which shall
also be provided to any prospective initial purchase of a home on
the lot.
(4)
Fire hydrants shall be installed as an integral part of any central
water system, unless the applicant proves that it is not feasible
for a nonpublic water system to supply hydrants. Locations of hydrants
shall be subject to approval by the Board of Supervisors, after allowing
for a review by the local fire department. Fire hydrants shall be
located so that the distance from any building to a fire hydrant is
not more than 600 feet measured along a route accessible by fire apparatus.
(5)
Where practical, water lines and their shutoffs shall not be located
under driveways, access drives or parking areas.
(6)
Where a water main extension is required, it shall be the responsibility
of the property owner to extend this main the limit of his/her property
along the public right-of-way.
D.
Installation of all sewers, water mains, manholes and other utilities
shall be in strict accordance with the Township Construction Specifications,
as well as the specifications of any agency or entity having jurisdiction.
A.
Facilities to accommodate stormwater drainage as a result of the
proposed development of any tract of land under this chapter must
conform to the requirements of the Township Stormwater Management
Ordinance,[1] as well as the Township Construction Specifications.
B.
If a natural watercourse, drainageway, channel or stream abuts or
runs through the proposed subdivision or land development, the developer
or subdivider shall establish a drainage easement with a minimum width
of 25 feet in width (measured from the nearest edge or bank, on each
side), and running the entire length of that portion of the watercourse,
drainageway, channel or stream which abuts or runs through the subdivision
or land development.
In developments of five or more new lots, new electric service lines, cable television, telephone and all other utility lines shall be installed underground. Developers are encouraged to allow all cable television companies in the area an option to place underground lines in the development. See also additional utility provisions in § 165-50.
A.
Width and location. When easements are required for any utility serving
a subdivision or land development, they must be a minimum of 10 feet
wide per utility and must, to the fullest extent possible, be adjacent
to, or centered on, rear or side lot lines. Where sanitary sewer and
water supply are to be placed within a common easement, the width
shall be sufficient to allow a minimum of 10 feet between the center
line of each facility. The total width of the easement shall be at
least 20 feet either separately or together for water or sanitary
sewer facilities.
B.
Natural gas lines. The location of all gas lines and any easements
or rights-of-ways along gas mains must be shown on all plans submitted
to the Township. The minimum distance from a natural gas line to a
dwelling unit or other structure must be as required by the applicable
transmission or distributing company.
C.
Petroleum lines. Between a proposed dwelling unit and the center
line of a petroleum or petroleum products transmission line which
may traverse the subdivision or land development, there must be a
minimum distance of 100 feet measured in the shortest distance.
D.
All subdivisions and/or land development plans containing utility
easements or rights-of-way shall include a note stating the following
or similar language pre-approved by the Township: "The owner shall
not construct, plant, or maintain any structures, fences, trees within
the sanitary sewer, stormwater or utility right-of-way easement in
order to ensure a free and clear access to all facilities. Bituminous
paving, commingling of sanitary sewer, stormwater or utilities, or
a change in ground contours within the right-of-way/easement will
be permitted only with written consent of the Township."
E.
Utility lines shall be located a minimum of 12 inches under the surface
of any vehicle driveway or access drive, unless a greater depth is
required by the utility. An eighteen- to twenty-four-inch depth is
recommended. Utility lines may cross perpendicular to a driveway or
access drive, but should not extend linearly under them for an extended
length unless there is no feasible alternative.
A.
Off-road pathways. The Board of Supervisors shall have the authority
to require the installation or extension of off-road pathways for
pedestrians (and bicyclists where appropriate), where the Supervisors
deem they are necessary to provide safe and efficient pedestrian access.
Such pathways may be approved to be used in place of traditional sidewalks.
Such pathways shall be placed within a pedestrian easement in a location
acceptable to the Township, if they are not placed within a public
street right-of-way. Pathways may be placed parallel to streets, along
creeks, within required buffer yards between businesses and homes,
within common open spaces, or within other locations approved by the
Township. Pathways may also be required to connect dead end or cul-de-sac
streets, and to connect residential areas to parks and schools.
(1)
The following are general guidelines for off-road pathways:
|
Off-road Pathway Type
|
Off-road Pathway Width
(feet)
| |
|---|---|---|
|
Medium volume bikeway shared with pedestrians
|
8
| |
|
High volume bikeway shared with pedestrians
|
12
| |
|
Pedestrian pathway that is intended to serve only low volumes
of bicyclists
|
5 feet, except four-foot segments may be allowed where existing
conditions limit width
|
(2)
The materials of required pathways shall be approved by the Township.
Compacted crushed stone may be used in lower-volume areas, while bituminous
paving over crushed stone is intended to be used in higher-volume
areas.
(3)
At pathway intersections with a state road, see PennDOT requirements.
The applicant shall describe proposed signs and any barriers or gates
that will be used where a pathway intersects with a public road.
A.
New residential subdivision and land developments shall be required
to provide recreation land that is offered for dedication to the Township.
With mutual consent of the developer and the Township, the payment
of recreation fees may be approved in place of some or all of the
recreation land requirement.
B.
Where recreation land is to be required, it shall meet the following
minimum standards.
(1)
The land to be dedicated must be of suitable size, dimensions, topography,
access, drainage, and general character for the proposed recreational
use. If the applicant does not propose recreation land that meets
the requirements of this section, then recreation fees shall be required
in place of recreation land.
(2)
The minimum amount of land shall be 0.02 acres of land for each approved
dwelling unit, except that 0.1 acres of land shall be required for
each approved dwelling unit if more than 50% of the proposed recreation
land includes slopes of greater than eight feet, land within utility
rights-of-way or one-hundred-year floodplains.
(3)
Stormwater retention or detention basins, lands with a width of less
than 100 feet, land with a natural slope of 25% or greater, and wetlands
shall not be used to meet this recreation land requirement. The Supervisors
may approve a width of less than 100 feet if the land is part of a
regional trail network.
(4)
The recreation land shall have suitable access for pedestrians and
for maintenance onto a road.
(5)
The recreation land shall not include less than 1/2 acre of land,
unless it would be adjacent to existing adjacent public recreation
land.
(6)
The recreation land shall be cleared of rocks that did not naturally
exist on the site, and cleared of all debris.
C.
Where the application of these recreation land standards would result
in a site that is not usable or practical for recreation, if suitable
recreation land cannot be properly located in the development, as
determined by the Township, a payment of a fee in lieu of dedication
of such land is required. The following procedures then must be followed:
(1)
The fee shall be $1,500 for each new dwelling unit that would be
possible under the final plan. If a lot is restricted by a zoning
requirement, deed or conservation easement that prevents its use for
one or more additional dwelling units, then a recreation fee shall
not be charged.
(2)
The fee must be paid to the Township prior to the recording of the
final plan, unless the Township and the applicant mutually agree in
a development agreement or other written agreement to phased payment
of the fees. If phased payment is authorized, then any time limits
for expenditure by the Township of the fee revenues shall begin to
be counted from the date that the last fee is paid in full.
(3)
All fees paid to the Township in this manner must be kept in an interest-bearing
recreation capital fund that is accounted for separately from other
Township funds. Fees in such capital fund must be used only for the
acquisition of public recreation land and/or for physical park or
recreation improvements on such lands, and shall not be used for maintenance.
(4)
Funds expended from the fees must be spent in a location that will
serve the residents within the development that paid the fees, which
may include a community-wide facility. If the Township adopts and
maintains an official plan of recreation districts, the accounts of
the fund must show the amount of fees collected in each district.
Thereafter, funds collected in that district shall be spent for acquisition
or improvements in that district, unless the funds are used for land
or improvements that serve the entire Township, such as a centralized
park.
(5)
All recreation fees collected under this section shall be accounted
for separately from other Township funds, and shall only be used for
authorized purposes.
D.
Waiver or modification of recreation requirements. Upon a written
request from an applicant, the Board of Supervisors may approve a
modification of the requirements of this section. For example, the
Board of Supervisors may approve an application for the applicant
to construct a community building, a playground, athletic facilities,
swimming pool, and/or other active recreation facilities in place
of some or all of the requirements of this section. Alternatively,
the Board of Supervisors may approve the ownership of the required
recreation land by a homeowner association, by the owner of a rental
development, or an athletic association. Any facilities proposed under
this section shall be open, at a minimum, to all residents of the
development, and shall be designed to not involve charges to such
residents except what may be necessary for operating and repair costs.
The applicant shall provide evidence that the market value of any
recreation facilities that are being constructed are equal or greater
than the value of the land or fees that are being modified.
(1)
There must be acceptable guarantees that land used to meet these
requirements that is not owned by the Township will continue to be
available for recreation over the long term.
(2)
The applicant must prove that there is an acceptable system for the
long-term operation and maintenance of the site, such as a legally
binding homeowners' association.
E.
Common open space. For all developments proposing the use of common
open space (such as to meet a zoning ordinance requirement), a plan
for the ownership and maintenance of common open space shall be submitted
for approval by the Board of Supervisors prior to final plan approval.
(1)
Such ownership, administration, and maintenance shall be arranged
to be in accordance with one of the following methods:
(a)
An offer of dedication to the Township; however, the Township
shall not be obligated to accept the dedication of common open space.
(b)
The transfer of the total common open space area or a portion
thereof to a private, nonprofit organization whose purpose is the
preservation of open space land and/or natural resources, subject
to the following:
[1]
The language and deed restrictions are acceptable to the Township.
[2]
The organization shall be a bona fide conservation organization
with a perpetual existence.
[3]
The conveyance must contain appropriate provision for reverter
or retransfer if the organization is unable to carry out its function.
[4]
The organization must enter into a maintenance agreement with
the Township.
(c)
Establishment of a homeowners' association (HOA), subject to
the following:
[1]
Prior to final plat approval, the developer shall submit a detailed
statement including covenants, agreements, and other specific documents
indicating ownership, method of maintenance and utilization of the
common open space areas. Said documents shall be submitted for the
Township Solicitor's review and approval.
[2]
Covenants shall be recorded either prior to or simultaneously
with the recording of the approved plan.
[3]
Each property owner shall be legally obligated to fund proper
maintenance of common open space.
(d)
Landowner deed or deeds of trust, approved by the Board, for
the purpose of ownership, administration and maintenance of common
open space. The trustee shall be empowered to levy and collect assessments
from property owners for working capital, operating expenses, insurance
and contingencies.
(2)
Failure of an organization or any successor organization to maintain
the common open space in reasonable order and conditions in accordance
with the development plan shall result in the following actions:
(a)
Written notice from the Board of Supervisors shall be served
describing the failure and deficiencies in maintaining the common
open space. The notice shall:
[1]
Establish a thirty-day period from said notice to correct the
deficiencies.
[2]
State the date and place of a hearing to be held within 14 days
of the notice. At such hearing, the Board of Supervisors may modify
the terms of the notice as to the deficiencies and grant an extension
of time to correct the deficiencies.
(b)
Failure to correct the deficiencies within the 30 days or extension
thereof and in order to preserve the taxable values of the property
within the development and prevent the common open space from becoming
a public nuisance, the Board may take the following actions:
[1]
Maintenance of the property by the Township for a period of
one year; however, the maintenance shall not constitute a taking of
the common open space.
[2]
Prior to expiration of said year, the Board shall call a public
hearing upon notice to the organization and to the residents of the
development. The Board shall reach one of two determinations:
[a]
The organization is ready and able to maintain
the common open space at the end of said year.
[b]
The organization is not ready and able to maintain
the common open space at the end of said year and the Township may
at its discretion continue to maintain said common open space during
the next year subject to the same public hearing process.
[3]
The decision of the Board of Supervisors shall be subject to
appeal to court in such manner, and within the same limitations as
is provided for zoning appeals.
(c)
The cost of maintenance by the Township shall be assessed ratably
against the organization or, in the case of the homeowners' association,
against the owners of properties within the development, and can,
if unpaid, become a municipal lien on said properties.
A.
Purposes. To provide Township officials with an opportunity to:
(1)
Identify the existing traffic network and facilities relative to
the project;
(2)
Identify existing traffic/transportation problems;
(3)
Ensure accessibility to the site;
(4)
Determine the effect of the development on the existing transportation
facilities; and
(5)
Delineate solutions to future traffic/transportation problems, or
facilities including the prescription of improvements to be provided
by or at the expense of the applicant.
B.
Requirement. A transportation impact study shall be submitted with
the preliminary plan for subdivisions and land developments which
meet the following criteria:
(1)
Residential: involving 25 or more dwelling units;
(2)
Nonresidential: expected to result in more than 300 total daily trips,
whether separately or cumulatively;
(3)
Other: whenever the Planning Commission or Board of Supervisors shall
find that there are reasonable grounds to believe that the existing
transportation network may be inadequate to handle the volume or character
of traffic likely to result from the proposed subdivision or land
development.
C.
Preparer of the study. The study shall be prepared by a qualified
consultant (transportation engineer and/or transportation planner)
who shall be mutually agreed upon by the developer and the Board of
Supervisors. The study preparer shall have sufficient, documented
prior traffic study experience to qualify him/her to perform the study
and render any opinions and recommendations set forth therein. The
cost to prepare the study will be borne entirely by the developer.
The traffic impact study shall be certified, by statement and signature,
as correct by a professional engineer or professional traffic operations
engineer.
D.
Pre-study meeting.
(1)
A pre-study meeting shall be held between the developer, Township
Zoning Officer, Township Public Works Director and the Township Engineer
to determine the following:
(a)
Scope of the study.
(b)
Study limits.
(c)
For developments to be completed over a period of more than
one year, a growth rate per year.
(d)
Project completion date.
(e)
Note: Along a state road, PennDOT may require a scoping application
based upon its "Policies and Procedures for Transportation Impact
Studies" document.
(f)
PennDOT may also require a pre-study meeting. The applicant
shall notify the Township and the York County Planning Commission
Transportation Department in advance of such a meeting, in case they
wish to attend.
E.
Contents. The study shall contain information, analyses and conclusions
regarding the following:
(1)
General site description. The site description shall include:
(a)
The property size, location, and proposed land uses;
(b)
The construction staging and completion date of the proposed
land development;
(c)
The types of dwelling units and number of bedrooms, if the development
is residential; or the number of employees, shift schedule, and type
of development, if the development is nonresidential;
(d)
A brief description of other major existing and proposed land
developments within the study area; and
(e)
The probable socioeconomic characteristics of potential site
uses to the extent that they may affect the transportation needs of
the site (e.g., number of senior citizens, etc.).
(2)
Transportation facilities description.
(a)
Proposed internal transportation system. This description shall
show:
[1]
Proposed vehicular, bicycle and pedestrian circulation;
[2]
All proposed ingress and egress locations; and
[3]
All existing or proposed internal roadways including the widths
of paved cartways and rights-of-way, parking conditions, traffic channelizations
and any other traffic signals or other intersection control devices,
within or near the site of the subdivision or land development.
(b)
External transportation system. The description shall include;
[1]
The entire external roadway system within the study area of
the proposed subdivision or land development;
[2]
The identification and location of major intersections in the
study area;
[3]
All existing and proposed public and private transportation
services and facilities within a one-mile radius of the site;
[4]
All future highway improvements, including proposed construction
and traffic signalization. This information shall be obtained from
PennDOT and the Township and shall also consider any projects proposed
for funding in the York Area Transportation Improvement Program; and
[5]
Any proposed roadway improvements resulting from proposed surrounding
developments.
(c)
Existing traffic conditions. The description shall include:
[1]
Existing traffic conditions for all roadways and intersections
in the study area.
[2]
Existing traffic volumes for average daily traffic, peak highway
hour(s) traffic, and peak development-generated hour(s) traffic; and
the source of these counts.
[3]
Documentation of manual traffic counts at major intersections,
encompassing the peak highway and development-generated hour(s).
[4]
A volume-to-capacity analysis based upon existing volumes. The
analysis shall be performed during the peak highway hour(s) and the
peak development-generated hour(s) for all roadways and major intersections
in the study area. Levels of service shall be determined for each
location. This analysis will determine the adequacy of the existing
roadway system to serve the current traffic demand. The analysis shall
be conducted utilizing the most recent edition of the Highway Capacity
Manual (Special Report 209) software or a similar standard method.
[5]
An inventory of crashes in the existing road network. The inventories
shall be conducted for both intersections and midblocks of all roadways
within the study area.
(d)
Transportation impact. The description shall include:
[1]
An estimation of vehicular trips during the average daily peak
highway hour(s) and peak development-generated hour(s) resulting from
the proposal.
[2]
Trip generation rates for existing facilities, based on existing
data.
[3]
Trip generation rates for new developments. Such rates shall
be obtained from Trip Generation Rates Tables found in the latest
edition of the Institute of Transportation Engineers (ITE) Trip Generation
Manual. These development-generated traffic volumes shall be provided
for the inbound and outbound traffic movements as estimated.
[4]
A tabulation of all turning movements in the study area.
[5]
The assignment and distribution of all volumes generated throughout
the study area. The rationale for the distribution of future trips
shall be described, which may be based on existing traffic conditions,
origin-destination studies, a gravity model or other method acceptable
to PennDOT or the Township.
[6]
Consideration of traffic generated from approved subdivision
and land developments not constructed but within the study area. The
cumulative impact of new and existing uses shall be determined.
[7]
For developments with a completion time greater than one year,
a growth rate calculation for background traffic is required.
[8]
For areas that have a history of high crash frequency, a crash
rate analysis shall be conducted to compare the rate of crashes for
a roadway relative to the statewide average for corridors of similar
type. The analysis shall be expressed in the number of accidents per
million vehicles or million vehicle miles.
[9]
The analysis of future transportation impact shall include a
comparison of "no-build" and "build" scenarios.
[10]
For proposed commercial developments, "pass-by"
trips shall be calculated utilizing the ITE Trip Generation Manual.
[11]
Documentation of all assumptions used in the distribution
and assignment phase shall be provided. Traffic volumes shall be assigned
to individual access points.
[12]
Pedestrian volumes shall also be calculated, if
applicable. If school crossings are to be used, pedestrian volumes
shall be assigned to each crossing. Any characteristics of the site
that will cause particular trip generation problems shall be noted.
(e)
Conclusions and recommended improvements. The description shall
include:
[1]
Levels of service for all roadways and intersections.
[2]
Recommendations for elimination of the problems causing a level
of service below D for signalized intersections and below E for unsignalized
intersections. The recommended improvements shall include, but not
be limited to, the following elements: internal circulation design,
site access location and design, external roadway and intersection
design and improvements, traffic signal installation and operation,
including signal timing, and transit design improvements. All physical
roadway improvements shall be shown on the preliminary plan.
[3]
Existing and/or future public transportation service. This may
include recommendations for a new or relocated transit stop or shelter.
Alternative transportation services should also be considered, such
as services offered by Commuter Services of Pennsylvania.
[4]
Listing of improvements already programmed for either funding
or implementation in the study area on the York Area Transportation
Improvement Program or the Township's program.
[5]
The recommended improvement shall operate at a level of service
no worse than existing conditions.
[6]
Where applicable, demand management, flexible work shifts and
traffic reduction programs shall be considered.
[7]
The costs of needed improvements shall be estimated. The applicant
shall describe which improvements they intend to complete, or make
a contribution equal to their fair share of the costs.
[8]
The Township may also require an applicant to provide professional
analysis of the need for a traffic signal, signal upgrade, a turn
lane or similar improvements.
(3)
Modified study. Whenever a study is required in accordance with Subsection B above, or if the Board of Supervisors elects to waive some of the above requirements, a study scope shall be established by the Planning Commission or Board. The scope and contents of the study shall be delineated so as to include only those matters it deems appropriate to aid in the identification and solution of the problems envisioned.
A.
Purpose. In order to provide the Board of Supervisors with an opportunity
to more effectively evaluate subdivision and/or land development proposals,
the applicant shall be required to disclose the environmental consequences
or effects of such proposals through the submission of an environmental
impact assessment (EIA).
B.
When required. An EIA report shall be submitted with the preliminary
plan for subdivisions and land developments which meet the following
criteria:
(1)
Residential developments involving 25 or more dwelling units, whether
initially or cumulatively.
(2)
Nonresidential developments involving two acres or more square feet
of impervious surface, whether initially or cumulatively.
(3)
Whenever the Planning Commission or Board of Supervisors shall find
that there are reasonable grounds to believe that an adverse environmental
impact is likely to result from the proposed subdivision or land development.
(4)
Whenever partial or complete demolition is proposed of a building
that is listed or has been determined to be eligible for listing on
the National Register of Historic Places.
C.
Preparer of study. The report shall be prepared by a qualified consultant
who shall be mutually agreed upon by the developer and the Board of
Supervisors. The report preparers shall have sufficient, documented
prior environmental study experience to qualify them to perform the
report and render any opinions and recommendations set forth therein.
The cost to prepare the report will be borne entirely by the developer.
The EIA report shall be certified, by statement and signature, as
correct by the preparer. (See Appendix No. 1.[1])
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
D.
Contents. The environmental impact assessment shall contain information
on the following:
(1)
Steep slopes. A delineation on the plans of all areas with slopes
exceeding 15% and any proposed site alterations and improvements that
are located within this area shall be provided.
(2)
Wetlands. The plans shall show all wetlands as delineated by a qualified
professional, applicable state and federal jurisdictional delineations
and/or permits and approvals shall be required to be presented to
the Township as applicable, including for any proposed encroachment
into or filling within wetlands.
(3)
Woodlands. All wooded areas shall be clearly shown on the plans. All proposed alterations to the woodlands shall be shown and the area (measured in acres) of the alteration shall be shown in the site data. See also § 165-62.
(4)
Older buildings. This Subsection D(4) shall apply to any principal building that may be more than 80 years old or that is on the National Register or has been officially determined to be eligible for the National Register. The developer shall describe proposed exterior changes or any partial or complete demolition of the building. Such information shall then be provided in writing to Historic York, Inc., to request that they provide comments to the applicant and to the Township.
(5)
Where carbonate or karst geology exists, the applicant shall provide
a professional analysis of any known or suspected sinkholes or topical
depressions or other features that may cause a threat of sinkholes
or subsidence. The report shall then include recommendations to minimize
those risks.
A.
All portions of properties which are located in a floodplain area as identified in the Federal Emergency Management Agency's (FEMA) latest officially issued mapping of one-hundred-year floodplains shall be subject to the regulations of the Township Floodplain Management Ordinance, Chapter 102 of this Code, and applicable provisions of the Township Zoning Ordinance, Chapter 195 of this Code.
C.
Activities in the floodplain as identified in FEMA's latest officially issued floodplain maps are also regulated by the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.101 et seq. (PFPMA). The power of the Board of Supervisors or any other body to grant waivers, variances or other relief from the provisions of Chapter 102 pursuant to this chapter shall be limited to those minimum requirements of the NFIP, as provided in § 204 of the PFPMA and Chapter 102 of this Code.
