Township of Union, PA Design Standards and Required Improvements

The location, arrangement, extent, grade and width of all streets shall conform to the Union Township Comprehensive Plan and/or to all other official transportation plans, or such parts thereof, as may have been adopted by the Township and/or the County.

All proposed subdivisions or land developments shall have adequate access to the public street system of Union Township.

The proposed street system shall extend existing or recorded streets at the same width as the existing or recorded streets, but in no case at less than the required minimum width identified under § 172-27B(1) of this chapter.

Where, in the opinion of the Planning Commission, it is desirable to provide for street access to an adjoining property, street stubs shall be extended to the boundary of such property at a location and at a suitable grade to permit future extension. The street stub shall meet the width requirements for a minor street. The developer of the tract shall properly grade the street stub and provide a stone base per Township specifications. The street stub or right-of-way shall be granted as an easement to the Township.

If required by the Planning Commission, new minor streets shall be designed and located to facilitate through traffic. In addition, the applicant shall give consideration to the extension and continuation of collector streets into and from adjoining properties.

Where a proposed subdivision or land development is of sufficient size to warrant an interior circulation system, a clear hierarchy of streets shall be designed and established.

Where a subdivision abuts an existing street of improper width, grade or alignment, the Township Planning Commission may require the dedication of land sufficient to widen the existing street and/or to correct the improper grade or alignment for the entire width of the street along the frontage of the development.

Proposed streets shall be logically adjusted to the topographic conditions of the site so as to produce reasonable grades, proper drainage, sufficient erosion control and suitable building sites.

Proposed streets shall be laid out to avoid environmentally sensitive areas such as floodplains, wetlands, sinkholes and steep slopes.

(10)

Whenever a tract to be subdivided or developed encroaches upon the legal right-of-way of a state highway, a highway occupancy permit issued by the Pennsylvania Department of Transportation shall be required.

(11)

Whenever a tract to be subdivided or developed abuts or contains an arterial or a major collector street, the Township Planning Commission may require restriction of access to the street by one or more of the following methods:

Provision of reverse-frontage lots.

Provision of service streets along the rear of the abutting lots, together with prohibition of private driveways intersecting the arterial or major collector streets.

Provision of marginal access streets, provided that the reverse strips establishing such marginal access streets shall be placed within the jurisdiction of the Township under an executed agreement meeting the approval of the Township.

Provision of an internal street system on which the proposed lots would have proper frontage and access.

The restriction of ingress and egress involving left-hand turns onto or off of the arterial or major collector street.

(12)

Private streets (streets not to be offered for dedication) are prohibited, unless they meet the design standards of these regulations and are constructed to Township specifications. Additionally, ownership and maintenance responsibilities for any private streets shall be set forth on the plan in plan notes.

(13)

Dead-end streets are prohibited, unless designed and constructed as cul-de-sac streets.

(14)

New half or partial streets shall be prohibited.

(15)

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

(16)

Service streets (alleys) may be permitted in developments containing single-family dwelling units, multifamily dwelling units (townhouses and apartments) and nonresidential uses provided that the service street is not the primary access point for the development.

(17)

The developer of any residential land development or subdivision involving 15 or more dwelling units shall contact the Daniel Boone Area School District prior to preliminary plan approval to establish an acceptable safe and convenient location for a school bus stop.

(18)

Residential developments containing 20 or more dwelling units shall provide and design an internal street system with a minimum of two separate points for ingress and egress. The proposed points of ingress and egress shall be designed to meet the standards which are specified for street intersections in § 172-27F of this chapter. The use of an "emergency entrance" is not permitted in order to fulfill this two-entrance requirement.

(19)

Residential developments containing 50 or more dwelling units shall provide a minimum of one internal street designed as a collector street. The Township shall approve the design of the collector street.

(20)

The Township may require nonresidential developments to provide and design an internal collection street system with two separate points for ingress and egress. Issues to be considered in determining this need would be number of parking spaces (lots of 50 or more spaces) and number and placement of buildings in order to provide for safe internal and external traffic flow.

Street widths.

The Comprehensive Plan for Union Township addresses the desire of the Township to maintain its rural character. As such, the street design standards reflect minimum safe cartway widths based upon the provision of off-street parking. The reduced cartway widths will also minimize impervious coverage. The required right-of-way and cartway widths shall be as follows:

Street Type	Required Widths
	Right-of-Way (feet)	Cartway (feet)
Minor street (Lot size 1 acre or more)	50	20*
Minor street (Lot size <1 acre)	50	24* (A)
Collector street	60	24* (A)
Arterial street	100	**
Cul-de-sac street	50	22*
Marginal access street	50	22*
Service street	20	16*

	Notes:
	*	Off-street parking required.
	**	As required by the Pennsylvania Department of Transportation or County of Berks.
	(A)	If on-street parking is provided in a TND-Traditional Neighborhood Development, the cartway width shall be widened by seven feet for parking on one side, and 14 feet for parking on both sides of the street.

Additional right-of-way and cartway widths may be required by the Union Township Board of Supervisors or Planning Commission for the purpose of promoting public safety and convenience, or to provide on-street parking in commercial and industrial areas, in areas of high-density residential development, and in traditional neighborhood development. If on-street parking is proposed for a particular development, each parking lane shall have a minimum width of seven feet.

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

Where a subdivision or land development abuts or contains an existing street of inadequate horizontal and/or vertical alignment, the Planning Commission may require additional right-of-way width or cartway width in order to improve public safety.

Street grades.

There shall be a minimum center line grade of 1%.

Center-line grades shall not exceed the following:

	Street Type	Maximum Grade
	Minor	10% (up to 12%*)
	Collector	8%
	Arterial	6%
	Cul-de-sac	10%
	Marginal access	10%

	Note:
	*	Grades up to 12% may be permitted on a through minor street where access to the street is possible over streets with 10% or less grade.

All approaches to an intersection shall have a leveling area not exceeding 5% in grade for a distance of 100 feet, as measured from the center line of the intersecting street.

Horizontal curves.

Whenever street lines are deflected in excess of 2°, connection shall be made by horizontal curves.

To ensure adequate sight distance, minimum center-line radii for horizontal curves shall be as follows:

	Street Type	Minimum Center-Line Radii (feet)
	Minor	35
	Collector	300
	Arterial	500

A tangent of no less than 100 feet, as measured along the street center line, shall be provided between all horizontal curves on all collector and arterial streets.

To the greatest extent possible, combinations of the minimum radius and maximum grade shall be avoided.

Vertical curves.

At all changes in street grades where the algebraic difference in grade exceeds 1%, vertical curves shall be provided to permit the following minimum sight distances:

	Street Type	Minimum Sight Distance (feet)
	Minor	200
	Collector	300
	Arterial	400

Additional sight distances may be required by the Township Engineer in order to overcome obstacles such as, but not limited to, street grades, horizontal street alignment, functional speed limit, existing land uses and proposed land development.

Intersections.

The center lines of streets shall intersect at right angles unless existing conditions dictate otherwise. No street shall intersect another street at an angle of less than 75°.

No more than two streets shall intersect on the same side at the same point.

Minor streets intersecting one another shall either intersect directly opposite to each other or shall be separated by at least 150 feet between center lines, measured along the center line of the street being intersected.

Intersections with collector or arterial streets shall be located not less than 1,000 feet apart, measured from center line to center line, along the center line of the collector or arterial street.

Street curb intersections shall be rounded by a tangential arc with a minimum radius of:

Twenty feet for intersections involving only minor streets.

Thirty feet for all intersections involving a collector street.

Forty feet for all intersections involving an arterial street.

Street right-of-way lines shall be parallel to (concentric with) curb arcs at intersections.

Clear sight triangles shall be provided at all proposed street intersections. The minimum distance of such triangles shall be 150 feet measured in each direction from the point of the intersection of the center lines and from a point 50 feet behind the right-of-way of the intersecting street. Within such triangles, no vision-obstructing object shall be permitted which exceeds a height of 30 inches above the elevation of the intersecting streets. Wherever a portion of the clear sight triangle occurs behind the building setback line, such portion shall be shown on the final plan of the subdivision and shall be considered a building setback line.

All proposed intersections shall have sufficient horizontal sight distance in order to provide a safe and convenient point of ingress and egress. Horizontal sight distances shall be measured in each direction from a point three and one-half feet above the center line of the road surface to a point four feet above the center line of the road surface. The minimum horizontal sight distances shall be based on the functional classification, speed limit and grade of the intersecting street, utilizing the latest standards of the American Association of State Highway and Transportation Officials (AASHTO).

Cul-de-sac streets.

Cul-de-sac streets shall not be permitted unless the physical development conditions and/or the tract configuration of the site prevents the design and construction of a "through street" or a "loop street."

Dead-end streets are prohibited unless designed as cul-de-sac streets or designed for future access to adjoining properties.

Any street dead-ended for access to an adjoining property or because of authorized stage development shall be provided with a temporary, all-weather turnaround within the subdivision, and the use of such turnaround shall be guaranteed to the public until such time as the street is extended.

When permitted, cul-de-sac streets, permanently designed as such, shall not exceed 1,400 feet in length and shall not furnish access to more than 20 dwelling units.

Cul-de-sac streets, permanently designed as such, shall have a minimum length of 250 feet measured from the edge of the cartway of an intersecting street to the center of the bulb of the cul-de-sac.

Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient additional width provided along the boundary line to permit extension of the street at full width.

The center-line grade on a cul-de-sac street shall not exceed 10%, and the grade of the diameter of the turnaround shall not exceed 5%.

All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turnaround, having a minimum radius of 50 feet. The right-of-way shall have a minimum radius of 60 feet.

The governing body, upon the recommendation of the Planning Commission and Township Engineer, may permit alternative turnaround designs with a landscaped island in the center.

(10)

Drainage of cul-de-sac streets shall preferably be towards the open end. If drainage is toward the closed end, water shall be conducted away in an underground storm sewer or other means acceptable to the Township with appropriate stormwater easements provided.

(11)

All cul-de-sac streets shall be provided with an easement for snow removal at the turnaround end of the street (bulb area).

§ 172-28 Street construction and improvement standards.

All proposed streets shall be graded, improved and surfaced to the grades and dimensions on the approved plans, profiles and cross sections.

All proposed streets shall be constructed in accordance with all applicable standards that are specified within this chapter. A summary of the minimum street construction standards has been included as part of Appendix C of this chapter. If required by the Township Engineer, the minimum standards specified under Appendix C shall be upgraded for the purposes of improving vehicular circulation and the structural stability of the transportation system.

Additional right-of-way and cartway widths, beyond what is required within this chapter, may be required by the Planning Commission in order to control traffic patterns, to lessen traffic congestion, to facilitate the adequate provision for future community or transportation improvements, and/or when clearly in the interest of the public health, safety or general welfare.

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

Where a subdivision or land development abuts or contains an existing street of inadequate horizontal and/or vertical alignment, the Planning Commission may require adjustments in order to improve public safety.

The ultimate right-of-way of an existing or a proposed street shall be properly graded. Such grading shall be done to a maximum side slope of one-foot vertical to three feet horizontal. All trees, stumps and other material (construction fill, rocks, etc.) deemed unsuitable by the Township Engineer shall be removed. All disturbed areas shall be suitably stabilized for sedimentation control. In no case shall the required grading extend onto an adjoining property, unless the adjoining property owner grants the applicant permission to do so.

All storm drainage facilities located within the ultimate right-of-way shall be designed and constructed in accordance with §§ 172-36 (Stormwater management) and 172-37 (Sedimentation and erosion control).

Where required by the Planning Commission per Township Engineer recommendation or the Pennsylvania Department of Transportation, guide rails shall be installed by the developer. All materials used shall be in strict conformance with the latest specifications of PennDOT.

Section 172-30 of this chapter includes additional requirements pertaining to traffic impact studies, fees and improvements. The cost of all required traffic studies and/or improvements shall be incurred by the developer.

§ 172-29 Street names, signs and lighting.

Street names and signs.

All proposed street names shall be subject to the approval of Union Township, the Berks County Emergency Management Agency and the Postmaster having jurisdiction.

Proposed streets which are obvious extensions of existing streets shall bear the same name as the existing street.

In no case shall the name of a proposed street duplicate an existing street name in the Township and/or in the same postal district(s), irrespective of the use of the suffix street, road, avenue, boulevard, drive, way, place, court or lane.

All street signs, including but not limited to traffic control signs, street name signs, and directional signs, shall be acquired and installed by the applicant in accordance with the locations shown on the approved subdivision or land development plan. Where traffic control signs are required, the applicant shall furnish to the Township all studies, engineering reports, and documentation for procuring approval by the Pennsylvania Department of Transportation.

Streetlighting.

The streetlighting provisions of this section are detailed in the relevant sections of the Union Township Outdoor Lighting Ordinance as Codified in Chapter 124 of the Code, which are incorporated herein by reference.

§ 172-30 Traffic impact analysis.

Traffic impact studies.

When a proposed subdivision or land development has 100 or more dwelling units and/or generates 300 or more trips per day, the applicant shall submit a traffic impact study to the Township for review and comment. The applicant shall utilize the transportation data and criteria that is specified within the "Trip Generation" Manual (current edition or as amended), published by the Institute of Transportation Engineers (ITE).

The traffic impact study will enable the Township to assess the impact of a proposed development on the transportation system. The purpose of the study is to ensure that the proposed development does not adversely affect the transportation network and to identify any traffic problems associated with access from the site onto the exiting roads. The study shall also identify solutions to potential traffic problems and shall present improvements that are to be incorporated into the proposed development.

The traffic impact study shall contain a complete description of the proposed internal and existing transportation system. The study shall describe the external roadway system within one-half mile along the adjacent roadway in both directions from all access points or to a major intersection along these roadways. Major intersections in the study area shall be identified and delineated. All future transportation improvements which are part of proposed roadway improvements, which are part of proposed surrounding developments, shall be identified and included in the calculations.

Existing traffic conditions shall be measured and documented for all roadways and intersections within the one-half mile study area. Existing traffic volumes for average daily traffic, peak highway hour(s) traffic, and, peak development-generated hour(s) traffic shall be recorded. Manual traffic counts at major intersections in the study area shall be conducted, encompassing the peak highway and development-generated hour(s), and documentation shall be included within the report. A volume/capacity and delay analysis based upon existing volumes shall be performed during the peak highway hour(s) and the peak development-generated hour(s) for all roadways and major intersections within the study area. Levels of service shall be determined for each location.

The analysis will determine the adequacy of the existing roadway system to serve the current and projected traffic demand. Roadways and/or intersections experiencing levels of service D, E or F, as described in the Highway Capacity Manual, Special Report 209, as amended, shall be noted as congested locations.

Calculation of vehicular trips to result from the proposed development shall be completed for the average daily peak highway hour(s). Vehicular trip generation rates to be used for this calculation shall be obtained from the Trip Generation Report (current edition or as amended), published by the Institute of Transportation Engineers (ITE). These development-generated traffic volumes shall be provided for the inbound and outbound traffic movements. These generated volumes shall be distributed to the study area and assigned to the existing roadways and intersections through the study area.

All anticipated turning movements shall be calculated. Documentation of all assumptions used in the distribution and assignment phase shall be provided. Traffic volumes shall be assigned to individual access points. Any characteristics of the site that will cause particular trip generation problems shall be noted.

The total future traffic demand shall be calculated and included within the study. The total traffic demand shall consist of the combination of existing traffic expanded to the completion year, which is estimated to be 5% per year, the proposed use or development generated traffic, and the traffic generated by other proposed developments in the study area. A second volume/capacity and delay analysis shall be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculation for each stage of completion shall be made. This analysis shall be performed during the peak highway hour(s) and peak development-generated hour(s) for all roadways and major intersections within the study area. Volume/capacity and delay calculations shall be completed for all major intersections. The procedures described in the Highway Capacity Manual, Special Report 209, as amended, and outlined in the PennDOT Design Manual, Volume 2, or as amended, shall be followed.

The levels of service for all roadways and intersections within one-half mile of the site shall be listed. All roadways and/or intersections showing a level of service D, E or F and volume/capacity ratios equal to or greater than one shall be considered deficient. The study shall conclude with a list of specific recommendations for the elimination of these traffic problems. This listing of recommended improvements shall include, but not be limited to, internal circulation design, site access location and design, external roadway and intersection design and improvements, traffic signal installation and operation (including timing), and transit design improvements. All physical roadway improvements shall be depicted within the study. Signal timing should be evaluated for any intersection with a level of service D, E, or F but a volume/capacity ratio of less than one. Warrants for signalization shall be examined for any unsignalized intersections with levels of service E or F.

Required on-site improvements.

On-site traffic improvements may be required by the Township in order to control traffic patterns, to lessen traffic congestion, to facilitate the adequate provision for future community or transportation improvements, and/or when clearly in the interest of the public health, safety or general welfare.

On-site traffic improvements may include, but are not limited to, cartway widening, right-of-way dedication, shoulder stabilization, vertical or horizontal curve realignment, grading and/or traffic control devices.

The applicant shall consult the. Township regarding on-site traffic improvements which may be required as a result of the proposed subdivision or land development.

The cost of all required traffic studies and/or improvements shall be incurred by the applicant.

§ 172-31 Blocks, lots and parcels.

Blocks.

The length, width and shape of blocks shall be determined with due regard to zoning requirements, topographic conditions, environmentally sensitive lands, and requirements for safe and convenient vehicular and pedestrian circulation.

Blocks shall have a maximum length of 1,600 feet and a minimum length of 500 feet.

In the design of blocks longer than 1,000 feet special consideration shall be given to the requirements of satisfactory fire protection.

Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse-frontage lots are required along a major collector or arterial street or where prevented by physical site conditions.

Blocks in nonresidential areas may vary from the design criteria indicated above if the applicant demonstrates that the alternative design is essential to the proposed development. In all cases, however, adequate provisions shall be made for off-street parking, loading areas and traffic circulation.

Lots and parcels.

The size, shape and orientation of proposed lots shall be appropriate for the type of development and use contemplated.

Lots shall conform to the applicable minimum lot sizes, lot widths and setback requirements as set forth in Chapter 200, Zoning.

Side lot lines shall be at right angles to street line tangents or radial to street line curves.

The depth-to-width ratio of a residential lot shall not be less than 1:1 or greater than 3:1.

Where feasible, lot lines shall follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.

Double or reverse-frontage lots shall be avoided except as needed to avoid direct vehicular access onto an arterial or major collector street by individual driveways or to overcome physical site conditions. All permitted residential reverse-frontage lots shall have frontage onto a minor street. The rear yard setback shall be established 75 feet from the ultimate right-of-way line of the arterial or major collector street. Between the rear yard setback and the ultimate right-of-way line, a ten-foot wide planting screen easement shall be established in order to prohibit vehicular access onto the arterial or major collector street. The easement shall contain evergreen plantings meeting the standards of § 200-101 of Chapter 200, Zoning.

§ 172-32 Swales, curbs, sidewalks and pathways.

Swales/Curbs.

Swales are permitted along both sides of streets when in the opinion of the Township Engineer they provide an appropriate means of controlling stormwater drainage based upon site topography and lot size. In particular for developments with lot sizes of one acre or larger, wide shallow swales with periodic stormwater catch basins are recommended to better maintain the rural character of the development.

In all other instances other than § 172-32A(1) above, vertical curbs shall be installed along both sides of all proposed streets.

In the interest of controlling drainage or traffic patterns, the Planning Commission may require the developer to install vertical curbs along an existing or exterior street on which a residential subdivision or land development abuts.

Vertical curbs may be installed in common parking areas for multifamily developments and nonresidential developments as required for stormwater management.

Vertical curbs where proposed, shall be constructed and installed by the developer in accordance with standards specified under Appendix C of this chapter.

Sidewalks and pathways.

Sidewalks, at least five feet in width, shall be installed along one side of the cartway in all proposed residential subdivision plans and land development plans, except that no sidewalks shall be required for service streets. Sidewalks shall be required on both sides of all TND streets.

The Planning Commission may require sidewalks along both sides of the cartway in proposed residential subdivisions when necessary to match existing development patterns or required in the interest of public safety.

In the interest of public safety, the Planning Commission may require the developer to install sidewalks or a pedestrian pathway along an existing or exterior street on which a residential subdivision or land development abuts.

Sidewalks shall be constructed and installed by the developer in accordance with the standards specified under Appendix C of this chapter.

Crosswalks of at least six feet in width shall be required whenever necessary to facilitate pedestrian circulation and to give access to community facilities.

In designing sidewalks, the developer is encouraged to consider undulating the sidewalk on both a horizontal and vertical level to improve aesthetics.

§ 172-33 Monuments and markers.

Concrete monuments shall be accurately placed at the ultimate street right-of-way line for all property corners, at each street intersection, at the beginning and end of all street curves, and at locations deemed necessary by the Township Engineer.

All concrete monuments shall be 30 inches in length and have a flat top at least four inches in diameter or square with the bottom sides being two inches greater. All concrete monuments shall contain a copper or brass dowel (plug/metal rod).

All concrete monuments shall be placed in the ground after final grading is completed or at a time specified by the Township Engineer. The monuments shall be set on four inches of stone and shall be flush with the surface of the ground.

Markers shall consist of a metal reinforced pin at least 36 inches in length and three-fourths inch in diameter.

All monuments and markers shall be accurately set by a registered professional engineer or land surveyor.

§ 172-34 Driveways.

No driveways shall be located, designed and constructed so as to create a drainage or sedimentation problem on an adjacent property or street.

All driveways shall be so constructed and maintained that the materials of which the driveways are made will not wash into nor be deposited upon public roads.

Driveways serving single-family residential dwelling units shall not exceed 14% in grade for lots of one acre or greater, and not more than 12% for lots less than one acre in size.

All driveways shall be paved a minimum distance of 20 feet from the edge of the cartway. The area between the edge of the cartway and the ultimate right-of-way line shall not exceed 5% in grade. All portions of driveways exceeding 8% grade shall be paved.

Driveways serving multifamily residential dwelling units and nonresidential developments shall not exceed 10% in grade and shall be paved.

Driveways serving single-family residential dwelling units shall have a minimum width of 10 feet and a maximum width of 24 feet.

Driveways serving multifamily residential dwelling units and nonresidential developments shall have a minimum width of 12 feet for one-way traffic and a minimum width of 24 feet for two-way traffic.

Driveway entrances shall intersect streets at right angles unless the existing conditions of the site dictate otherwise. No driveway entrance shall intersect a street at angles of less than 60° nor more than 120°.

No residential property shall have more than one vehicular access point to a public road. In order to reduce the number of curb cuts along a given road, the Planning Commission may permit adjoining or common driveways.

All driveways shall be located, designed and constructed as to provide optimum sight distance at their intersection with the street.

Clear sight triangles shall be provided at all proposed driveway intersections. The minimum distance of such triangles shall be 50 feet measured in each direction from the point of the intersection of the center lines and from a point 20 feet behind the edge of the cartway of the intersecting street. Within such triangles, no vision-obstructing object shall be permitted which exceeds a height of 30 inches above the elevation of the intersecting streets, and below 10 feet.

All proposed driveway intersections shall have sufficient horizontal sight distance in order to provide a safe and convenient point of ingress and egress. Horizontal sight distances shall be measured in each direction from the edge of the cartway at a point three and one-half feet above the road surface to a point four feet above the center line of the road surface. The minimum horizontal sight distances shall be based on the functional classification, speed limit and grade of the intersecting street, utilizing the latest standards of the Commonwealth of Pennsylvania, Department of Transportation.

Driveways shall not be located within 50 feet from the point of intersection of the nearest street right-of-way lines.

In order to provide a safe and convenient point of ingress and egress, driveway entrances should be rounded with a minimum radius of five feet.

All proposed driveways and related improvements shall be located, designed and constructed in order to control stormwater runoff, prevent sedimentation of public roads, maintain the structural stability of public roads, maintain the existing drainage patterns of the area and prevent undue traffic hazards.

The intersection of all proposed driveways with the cartway edge shall be designed and constructed by use of either a drainage swale or pipe. If a drainage swale is to be utilized, it shall slope from the cartway at a minimum grade of 5% for a minimum of eight feet from the cartway edge. If a drainage pipe is to be utilized, the size of the pipe shall be determined by drainage computations using a ten-year-storm frequency. All drainage pipes shall have a minimum diameter of 15 inches.

The developer shall prepare a typical cross section and profile for each driveway located within the subdivision or land development. The cross sections and profiles should demonstrate how problems associated with slope and drainage are to be overcome.

The Pennsylvania Department of Transportation shall review all plans when access is proposed onto a state road or when encroachment is proposed within a state right-of-way. All applicable permits shall be approved by the Pennsylvania Department of Transportation prior to final plan approval. The highway occupancy permit number shall be noted on the plan.

A Township driveway permit is required when access is proposed onto a Township road or when encroachment is proposed within a Township right-of-way.

All driveways shall be maintained by the property owner in such a manner so as not to interfere with the functional design and location of the driveway.

Section 200-112 of, Chapter 200, Zoning, provides additional standards and specifications for proposed driveways.

§ 172-35 Off-street parking and loading areas, and on-street parking.

All proposed off-street parking and loading areas shall be located, designed and constructed so as not to create a drainage or sedimentation problem on an adjacent property or street.

Parking areas accommodating 50 vehicles or more shall be designed with an internal collector road which shall access no parking space directly but shall shuttle vehicular traffic from the parking lot aisles to the public road.

Where required by the Planning Commission, parking areas shall be designed to include a pedestrian circulation system to enhance safety and minimize conflicts between pedestrians and vehicles.

Parking areas shall be designed such that parked vehicles shall not interfere with pedestrian and emergency access to the buildings.

Developments containing dead-end parking areas shall provide adequate areas into which emergency vehicles can safely maneuver. It shall be the developer's responsibility to contact the regional fire company and ambulance association to determine if the proposed design presents an emergency access problem. The developer shall provide a letter of endorsement from both the fire company and the ambulance association prior to preliminary plan approval by the Township.

If required by the Township and/or Pennsylvania Department of Transportation, the interconnection of parking areas of adjoining properties may be required for access management. Where interconnection of parking areas is proposed, appropriate easement agreements shall be provided for Township review and approval.

Section 200-110 of Chapter 200, Zoning, provides additional standards and specifications for off-street loading areas.

Section 200-111 of Chapter 200, Zoning, provides additional standards and specifications for off-street parking facilities.

On-street parking may be provided along roads in the TND Districts only when approved as part of the land development approval process.

Such on-street parking may be counted toward the required parking as set forth in the Zoning Ordinance [Chapter 200].

On-street parking areas may only be counted along the frontage owned by the applicant or landowner, exclusive of any driveway or other curb cut, and exclusive of any existing cartway and perpendicular street.

A bonafide on-street parking area shall measure at least seven feet in width and 22 feet in length, exclusive of any street cartway, and shall be parallel to the curbline or other edge of pavement.

All eligible on-street parking areas shall be clearly depicted on a plan. Such parking areas shall not conflict with any turning movements off the cartway or obstruct access to any street, driveway, sidewalk, crosswalk, other accessway, or fire hydrant.

§ 172-36 Stormwater management.

The management of stormwater on a tract, both during and upon completion of the disturbances associated with proposed subdivision, land development or any construction, shall be accomplished in accordance with the minimum standards and specifications set forth under the Union Township Stormwater Ordinance, Codified in Chapter 165 of the Code of Union Township.

§ 172-37 Sedimentation and soil erosion control.

General provisions and compliance.

No grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced, where such activities involve disturbance of more than 5,000 square feet of land, until such time as a plan for minimizing soil erosion and sedimentation has been processed and reviewed by the Planning Commission, the Berks County Conservation District and the Board of Supervisors.

Approval of the Board of Supervisors of all preliminary and/or final plans of subdivision and land development does not relieve the developer's obligation to execute the soil erosion and sediment control plan, and to permit inspection throughout the development process when earth disturbance occurs.

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

Throughout the development process when earth disturbance occurs, a review shall be conducted by the Township Engineer to insure conformance with the plan as approved. During construction, further consultative technical assistance will be furnished, if necessary, by the Berks County Conservation District. During the development phase, the Township Engineer, Township Code Enforcement Officer and/or Natural Resources Conservation Service representative shall inspect the development site and enforce compliance with the approved soil erosion and sediment control plans.

Topsoil shall not be stripped from any site within Union Township unless it is directly affiliated with the subdivision and/or development of land. Unless permitted by the Union Township Board of Supervisors, topsoil shall not be removed from any site within the Township.

General performance standards.

Best management practices to minimize erosion and sedimentation shall be as described in the latest editions of the Pennsylvania Department of Environmental Protection's Erosion and Sediment Pollution Control Program Manual and the Pennsylvania Stormwater Best Management Practices Manual, and any subsequent publications promulgated there under.

Erosion and sediment pollution control regulations are enforced here under by reference to Title 25 Pa. Code, Chapter 102.

Site grading for erosion control. In order to provide more suitable sites for building and other uses, improve surface drainage and control erosion, the following requirements identified below shall be met:

All lots, tracts or parcels shall be graded to provide proper drainage away from buildings and dispose of it without pending, except where pending (detention basins, etc.) is part of the stormwater management plan for the site.

Concentration of surface-water runoff shall be permitted only in swales, watercourses or detention basins. Subject to the approval of the Township, swales shall be sodded, utilize erosion control blankets, or other similar best management practices to insure establishment of ground cover.

Grading shall in no case be done in such a way as to increase stormwater runoff onto the property of another landowner, unless appropriate easements and/or agreements are executed, and all work complies with this section and any other relevant Township Code provisions, as well as regulations of other local, state and federal agencies.

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

Tire-cleaning areas at least 150 feet in length shall be provided and maintained at each point of access to the development site. The tires of all vehicles leaving the site shall be properly cleaned before entering onto any road within the Township.

All grading shall be conducted in accordance with the approved subdivision and land development plan. Any deviation to the plan shall be approved by the Township, Berks County Conservation District and/or Pennsylvania Department of Environmental Protection, as applicable.

All grading shall be conducted in accordance with the requirements and procedures of the Berks County Conservation District.

Excavation and fills.

Excavation cut faces or side slopes are recommended to be at slopes of four horizontal to one vertical or better. No excavations shall be made with a cut face or side slope steeper than three horizontal to one vertical without specific approval from the Township. Any such approval would be subject to the following conditions:

Documentation by the applicant of unique site conditions which preclude grading at slopes of 3:1 or less.

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

A concrete, masonry or other approved retaining wall constructed in accordance with appropriate standards is provided to support the face of the excavation. Retaining wall construction specifications are subject to Township review.

Top or bottom edges of slopes shall be a minimum of 15 feet from property lines or right-of-way lines of streets in order to permit the normal rounding of the edge without encroaching on the abutting property. The exception to this would be for stormwater diversion swales, landscape berms and building foundation grading/backfill where the change in elevation due to the slope is three feet or less, which could have top or bottom edges of slopes within five feet of a property line.

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

Cut and fill shall not endanger adjoining property.

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

Cut and fill slopes steeper than three horizontal to one vertical shall be lined with appropriate erosion control blanket or reinforcement mat.

The maximum height of cuts/fills shall be limited to 10 feet, with leveling areas of 10 feet provided between areas of maximum cuts/fills.

Maintenance responsibility.

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

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

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

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

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

It is the responsibility of any person(s), corporation or other entity doing any work on or across a stream, watercourse or swale, or upon the floodplain or right-of-way during the period of work, to obtain all pertinent local, state and federal permits, authorizations and/or approvals and to provide documentation of the same to the Township.

§ 172-38 Easements and rights-of-way.

Where easements or rights-of-way are required to accommodate utility installations, such easements shall have a minimum width of 20 feet.

Where feasible, easements and rights-of-way shall be centered or adjacent to rear or side lot lines. It should be noted on the plan and in any deed that no structures, materials and/or trees shall be placed within such easements and rights-of-way.

Where a proposed subdivision or land development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve the natural drainage channel and provide sufficient width for maintenance. Stormwater management and drainage way easements shall be no less than 20 feet in width, or as directed by Union Township, the County of Berks and/or the Commonwealth of Pennsylvania. Stream and watercourse easements shall be no less than 30 feet in width, or as required under the Riparian Buffer Zone requirements of the Union Township Stormwater Ordinance as codified in Chapter 165 of the Code.

Right-of-way standards and installation procedures for natural gas and petroleum product transmission lines shall conform to all applicable federal and state regulations, including regulations governing the width of the right-of-way, location of pipeline within the right-of-way, the proposed depth of the pipeline and the pipe wall thickness. There shall be a minimum distance of 100 feet, measured at the shortest distance, between any proposed or existing dwelling and any petroleum products or natural gas transmission line.

Where feasible, sanitary sewer collection lines and water supply lines shall be located and installed within the right-of-way of a public street.

All easements or rights-of-way shall be properly described by bearings and distances.

No easement or right-of-way shall be created, recited and/or described in any deed unless the same has been shown on the approved plan of record.

Any deed conveying a lot on a plan of record shall make reference to the plan and all easements and encumbrances referenced on the plan. A representative description expressing the references by which easements and encumbrances will appear on all affected deeds shall be presented to the Township Engineer and Township Solicitor for their review and approval prior to action on the final plan.

§ 172-39 Sanitary sewage disposal.

General standards.

This section along with all other pertinent plans, ordinances and/or resolutions adopted by the Union Township Board of Supervisors shall be construed as implementing the provisions and requirements of the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., and the Clean Streams Law, 35 P.S. § 691.1 et seq., or both, as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.

All sewage disposal systems within the Township shall conform to the standards and requirements of the Pennsylvania Department of Environmental Protection. The installation of all sanitary sewage disposal systems shall be the responsibility of the developer.

The developer shall provide the most desirable method of sanitary sewage disposal. The selected method shall conform with the existing physical site conditions.

Public sanitary sewage system.

Areas designated for public sewer service within the Township's Official Sewage Facility Plan (Act 537 Plan, as amended) and where a sewer line exists serving the property shall utilize the Union Township Public Sewer System as the method for sanitary sewage disposal.

The developer shall construct a sanitary sewer collection and conveyance system in order to provide adequate sanitary sewer service to each lot or dwelling unit within the subdivision or land development.

The entire system shall be designed and constructed in accordance with the standards and specifications established by the Union Township Municipal Authority (UTMA).

The applicant shall comply with all procedural permit requirements established by the Pennsylvania Department of Environmental Protection (PADEP). The applicant shall complete and submit to the Township the necessary components of the PADEP's Planning Module(s) for Land Development.

If public sewage service is not accessible to an approved subdivision or land development, but is planned to be accessible within five years of final approval, the developer shall install approved capped sewer collection lines within the limits of the subdivision or land development, in addition to the approved on-lot sewage facilities. Such sewer lines shall be capped at the limits of the subdivision or land development and the lateral shall be capped at the street right-of-way.

Private sanitary sewage systems.

Where public sewage services are neither available nor accessible, the developer shall provide a sanitary sewage disposal system on either an individual or community basis in accordance with the standards and provisions established by the Township and/or Pennsylvania Department of Environmental Protection.

Permits are required for the construction, installation, alteration, replacement, repair and/or extension of any community sewage disposal system or individual on-lot sewage disposal system. All such permits for private sewage disposal systems shall be subject to approval by the Pennsylvania Department of Environmental Protection and/or Township Sewage Enforcement Officer. A permit and inspection fee shall be established pursuant to a resolution of the Township and shall be paid at the time the application is filed.

The permit for a community sewage disposal system or an individual sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Sewage Enforcement Officer.

The type, capacities, location and general layout of the proposed community sewage disposal system or individual sewage disposal system shall comply with the recommendations of the Sewage Enforcement Office and with the rules and regulations of the Pennsylvania Department of Environmental Protection and with applicable statutes of the Commonwealth of Pennsylvania.

Where individual on-lot sewage disposal is proposed for a new lot, probe and percolation testing for both primary and replacement absorption area sites shall be undertaken. The results of such tests shall be submitted to the Township for review as part of the sewage facilities planning module review process. Approval of the planning module by the Pennsylvania Department of Environmental Protection (PADEP) will be required prior to approval of the preliminary plan.

When required by PADEP as part of the planning module process, appropriate nitrate testing shall be undertaken. The results of such tests shall be submitted to the Township for review as part of the sewage planning module review process.

§ 172-40 Water supply.

General standards.

All subdivisions or land development providing community water supply shall be required to provide fire protection in accordance with § 172-40C. All distribution systems for community or public water systems shall be equipped with adequately sized mains and the appurtenances required to provide fire protection.

Public water supply.

Subdivisions and land developments to be served by existing public water supplies shall be provided with water distribution facilities designed in accordance with regulations of the Pennsylvania Department of Environmental Protection (PADEP) and the standards and specifications of the Union Township Municipal Authority.

The distribution facilities for residential developments shall be designed to provide fire protection at a minimum flow rate of 1,000 GPM with a minimum residual pressure at 20 psi. Flow and pressure rates for commercial and industrial users shall be in compliance with the requirements of the Union Township Municipal Authority.

The subdivider or developer shall provide the Board of Supervisors with a copy of a letter of intent from the Union Township Municipal Authority prior to preliminary plan approval and with a copy of an approved water service agreement prior to final plan approval.

Community water supply.

Community water systems shall be developed/maintained so as to meet the established standards and specifications of the Environmental Protection Agency, the Pennsylvania Department of Environmental Protection (PADEP), the Delaware River Basin Commission and/or the Public Utility Commission (P.U.C.). At a minimum, the community water supply system shall be designed in accordance with the PADEP (Division of Water Supplies) Public Water Supply Manual, latest revision. All community water supply systems shall be organized in such a manner as to fall within the jurisdiction of the Pennsylvania Public Water Commission.

Where a community water supply system is proposed to serve a subdivision or land development, a feasible water supply and distribution system shall be proposed before preliminary approval of the subdivision or land development. Detailed plans, specifications, supply and demand shall be submitted to and be approved by the Township and/or the Union Township Municipal Authority prior to municipal approval. A permit for the system must be granted by the PADEP and any other governing body having jurisdiction over the work, before final approval.

The water supply shall be drawn from an adequate and reliable source which can supply in combination with storage facilities the water demands of the proposed service area at all times. The water source in combination with storage facilities shall be capable of meeting fire flow demand established within this section of the chapter as well as average or peak daily consumption except that, in systems not required to provide fire flow, the storage facilities shall be sized in accordance with standards of this article.

The water source shall be capable of supplying 150% of the average daily demand, based on 80 gallons per day (GPD) per person and/or 300 GPD per dwelling unit, for the design population of the development or the service area. Testing procedures to determine the reliable capacity of the water source are set forth below.

Water service to nonresidential developments shall demonstrate adequacy to meet projected demand from the specific project.

The quality of the source shall conform to the water quality requirements of the PADEP Division of Water Supplies as set forth in its Public Water Supply Manual. Treatment of the water supply shall be done in accordance with requirements set forth in the Public Water Supply Manual.

All utilities shall have a standby pump or pumps adequate to insure that the system can operate normally with the largest pump out of service. Storage and equipment requirements shall be met by community water supply systems, according to the size of the system. These requirements shall be specified by the Township and/or the Union Township Municipal Authority.

Pipe selected for distribution systems shall have been manufactured in conformance with the latest standard specifications issued by the American Water Works Association, and approved by the Union Township Municipal Authority.

Water distribution mains shall be a minimum of eight inches inside diameter laid out in a well-gridded system. Whenever fire protection capability is provided, main sizes shall be adequate so the system can meet the water quantity and pressure standards specified by the Township and/or the Union Township Municipal Authority. Supply mains not adequate for firefighting shall not be connected to fire hydrants and can only be considered for use as special water service lines.

(10)

A minimum static pressure during peak hourly flow of 50 pounds per square inch is desirable, but the minimum static pressure during peak hourly flow shall not be less than 30 pounds per square inch. Normal pressure variations in the system shall range between 30 psi and 70 psi. A minimum of 20 pounds per square inch residual pressure should exist at any point in the system during periods of fire flow.

(11)

The minimum standards for customer connections shall be determined and approved by the Township and/or the Union Township Municipal Authority.

(12)

All joints in the pipe lines shall remain uncovered until the pipe has been subjected to pressure tests of 50 pounds in excess of the operating pressure at the lowest point of elevation of the system. All pipe shall be tested for a minimum of two hours with a pressure drop not exceeding two pounds per square inch.

(13)

Storage for finished water shall be provided as an integral part of each water supply system. Standards set forth in this chapter and the Public Water Supply Manual shall be used in designing water storage systems. Equipment selected shall have been manufactured in conformance with the latest standards and specifications issued by the American Water Works Association, and approved by the Union Township Municipal Authority.

(14)

Pumping stations within community water systems shall comply with standards and specifications set forth in this chapter and the PADEP Public Water Supply Manual.

(15)

Well construction shall take place according to the standards set forth in the PADEP Public Water Supply Manual. There shall be a minimum of two well sources, one to act as a backup should one source fail or be taken out of service.

(16)

The community water system well source shall be centrally located within an open space water protection zone a minimum of one acre in size. No structures other than water system pumping stations, standpipes, etc., shall be located within the protected zone. No on-lot sewage disposal system shall be constructed within 400 feet of the water source well.

(17)

A dynamic recovery rate and draw-down test shall be conducted to determine the capacity and safe daily yield of the well source. The test procedures shall be conducted in conformance with the PADEP Water Supply Manual and the requirements specified by the Township and/or the Union Township Municipal Authority. The results shall be submitted to the Township and/or the Union Township Municipal Authority for review and approval.

(18)

Where a community water system is to be installed within a proposed subdivision or land development, the improvement procedures and requirements set forth within this chapter shall be followed. Improvements agreements, guarantees, inspections and guarantee releases shall include consideration of the community water company in carrying out the procedures and requirements of this chapter.

(19)

Final specifications for the design and installation of the centralized water system shall be included as part of the improvements agreement between the developer and the Township. Final approval of the subdivision or land development plan shall not take place until such specifications are finalized within the improvements agreement and until the necessary improvements and maintenance guarantees are posted. Engineering review of the specifications for the water system by the Township and/or the Union Township Municipal Authority shall take place before signing of the improvements agreement and before approval of the final development plan.

On-lot water supply.

When no public water supply is either available or accessible, adequate water supply shall be furnished by the landowner on an individual lot basis.

Each lot to be served by individual on-lot water supply shall be of a size and shape to permit the safe location for each well. All proposed wells shall not be located within 100 feet from any on-lot sewage disposal system and within 50 feet from any watercourse or surface waters. Where feasible, proposed wells shall not be located down gradient from any on-lot sewage disposal system.

Pursuant to the following formula, the applicant shall provide test wells within the development as follows:

One test well shall be required for one to five residential lots.

Two test wells shall be required for six to 10 residential lots.

Three test wells shall be required for 11 to 15 residential lots.

Four test wells shall be required for 16 to 20 residential lots.

Five test wells shall be required for 21 to 25 residential lots.

(f)

Six test wells shall be required for 26 to 30 residential lots.

(g)

Seven test wells shall be required for 31 to 35 residential lots.

(h)

An additional test well shall be required for every five residential lots over the formula specified above. The test wells' location(s) and spacing shall be determined by the Union Township Planning Commission and shall take into consideration the phasing of the development. An existing well may be utilized as part of the required computations subject to approval of the Planning Commission.

(i)

At the discretion of the Union Township Planning Commission, a test well(s) shall be required for any nonresidential use. The total number and spacing of the test wells shall be determined upon the submission of a plan.

(j)

The yield of each test well shall be no less than eight gallons per minute. A sample shall be obtained from each test well and tested by a certified laboratory to ensure that the well is free of bacteriological contaminants as recognized by the United States Environmental Protection Agency and by the Pennsylvania Department of Environmental Protection. The Union Township Planning Commission shall be provided with the documents from a licensed well driller, verifying the yield of each test well, and from a state certified laboratory, verifying that the sample(s) is/are potable.

The applicant may be required to submit a study prepared by a professional hydrogeologist, certifying that the proposed individual wells will be able to supply each lot with a dependable water supply and that the proposed wells will not adversely affect the groundwater table or existing wells near the project site. The study shall examine the possibility of contamination to the proposed wells due to existing environmental factors such as landfills, underground fuel tanks and septic tanks.

Fire hydrants.

All subdivisions and land developments that are to be served by a public or community water supply system shall provide fire hydrants.

Fire hydrants shall be located no further than 600 feet apart, as measured along the center line of each road. All residential dwelling units and nonresidential principal buildings shall be located no farther than 400 feet from an active fire hydrant.

Fire hydrants shall be located in a manner to provide complete accessibility and so that possibility of damage from vehicles or injury to pedestrians will be minimized. When placed behind the curb, the barrel of the fire hydrant shall be set so that no portion of the pumper or hose nozzle cap will be less than 24 inches from the curbline.

The type and location of all required fire hydrants are subject to the review and approval of the Township, the Union Township Municipal Authority and the regional fire company.

The water pressure for each fire hydrant shall be consistent with the standards and specifications established within this article of the chapter.

§ 172-41 Utilities.

All other utility lines, including but not limited to electric, natural gas, streetlight supply, cable television and telephone shall be placed underground.

Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the municipal authority or public utility company.

Where such underground utilities lie under a proposed cartway, they shall be put in place, connected and approved before the streets are constructed and before any person is permitted to occupy any building to be served by such utilities.

The applicant shall be responsible for contacting all applicable utilities and accurately determining the locations and depths of all underground utilities within the tract proposed for subdivision or land development, prior to excavation. A complete list of the applicable utility companies and their phone numbers shall appear on the preliminary and final plans.

§ 172-42 Landscaping and buffering.

Reasonable effort should be made by the developer to preserve existing trees within the site of the development. Where developments, buffer yards, screening and/or planting strips require landscaping, the developer shall submit a landscaping plan to the Township for review and approval. The landscaping plan shall be prepared in accordance with § 200-101 of Chapter 200, Zoning and § 172-44 of this chapter.

In addition to the landscaping requirements referenced above, additional landscape buffering/screening may be required by the Planning Commission during their review of the subdivision or land development plan in order to: buffer the backs of residential units to public streets; buffer a higher density residential development from adjoining existing residential development of a lower density; buffer between commercial/industrial uses and adjoining residential uses; screen views of off-street parking areas; screen views of loading areas; screen headlight glare; and to provide for other buffering and screening.

§ 172-43 Community facilities, recreation and open space.

Community facilities.

During the review phase of a subdivision or land development plan, the Township will consider the adequacy of existing or proposed community facilities to serve the proposed development.

The developer shall give earnest consideration to the desirability of providing or reserving areas for community facilities normally required in residential neighborhoods, including educational facilities, utility services, emergency management facilities and recreational facilities.

Areas provided or reserved for community facilities should be adequate to provide adequate land area for any proposed buildings and off-street parking. Such areas should be located in an area of the development which is accessible to the general public.

The provisions which are specified for the land dedication under § 172-43B(1) of this chapter are for general design considerations. All applications for subdivision and land development shall be subject to the minimum requirements specified by the Union Township Open Space and Recreation Plan.

Recreation and open space.

All subdivision and land development plans should provide land area dedicated for recreational purposes. The standards utilized by the Township in order to determine the amount of land area which should be reserved for recreational purposes shall be as specifically set forth in Chapter 137, Parks and Recreation Areas, of the Code of the Township of Union.

During the review phase of a subdivision or land development plan, the Township Board of Supervisors in conjunction with the Planning Commission and the Park and Recreation Board, shall determine if the existing or proposed recreational facilities are sufficient to serve the proposed development.

If land is to be devoted for recreation and open space, the applicant shall make arrangements (suitable to the Township) for the perpetual ownership and maintenance of such land. The Township may, at its discretion, accept or deny the required land area which is offered for dedication.

If land is not to be devoted for recreation and open space, a fee in lieu of land dedication shall be required from the applicant. The fee in lieu of land dedication shall be calculated by the Township. All agreements should be executed prior to municipal approval and shall be noted on the plan. The fees shall be utilized by the Township to expand, improve and/or upgrade the existing recreation facilities and land areas within the Township based on the schedule of fees in effect.

During the review of subdivision and land development plans, the Township shall refer to the Southern Berks Regional Joint Comprehensive Plan, or the Union Township Comprehensive Plan then and there in effect, the Union Township Open Space and Recreation Plan, the Berks County Comprehensive Plan revision, and the Berks County Greenway, Park and Recreation Plan. The Township shall utilize these plans to determine if open space should be dedicated or a fee in lieu of land dedication should be required as a result of the subdivision or land development plan.

§ 172-44 Landscaping; street trees; landscape screen and buffer yards; plant material list.

All land developments and subdivisions, including minor subdivisions of three lots or less, are required to submit a landscape plan to the Township for review and approval as part of the subdivision or land development review and approval process. All landscape plans, except those for minor subdivisions of three lots or less, shall be prepared by a landscape architect.

The landscape plan shall show the following information:

The location and arrangement of all proposed landscaping, including landscaping, street trees, landscape screen/buffer yard, and any other required landscaping:

Landscape material required by § 172-44E(1) does not need to be illustrated upon the landscape plan for residential subdivisions involving the creation of individual lots. Landscape materials required by § 172-44E(1) with the above circumstances shall be shown upon individual building permit plans at the time of individual lot submission for a building permit. The building permit landscape plan shall reference the recorded subdivision plan that requires the provision of this plant material. A note and chart shall be placed upon the subdivision plan identifying the number of trees required per lot per § 172-44E(1). Reference to this note shall be made within the individual lot(s) themselves.

The species, size and characteristics of all plant material selected;

The type, placement and size of all fences/walls to be utilized, if any. Fencing may not be used in lieu of a landscape screen/buffer yard, but may be used in addition to the required landscape materials.

Existing deciduous and evergreen trees with a diameter of 12 inches or larger measured at four feet in height. The tree protection zone for existing trees as described herein shall be shown for any and all areas proposed for disturbance as a result of the subdivision and/or land development.

For those zoning districts that establish a limit on woodland extraction, as per the area, yard and height requirements, any woodland extraction in excess of 30% of the lot, replacement trees shall be provided at the following rate based upon the diameter of the tree(s) removed:

Twelve inch or greater-two, two and one-half inch caliper new for one removed.

Eighteen inch or greater-three, two and one-half inch caliper new for one removed.

[Amended 10-17-2022 by Ord. No. 2022-05]

If, based on conditions existing on the site, the required replacement trees cannot be placed on the site, the unplaced trees can be planted on other lands of the Township (subject to Township approval), or a fee-in-lieu of payment, equivalent to the cost of the unplaced trees, made to the Union Township Tree Fund for use in future tree plantings and in the maintenance of existing trees on Township lands.

The plant materials utilized shall be selected from the approved list identified herein. The Township may consider alternative plant material proposed by a landscape architect.

Any portion of a site which is not utilized for buildings, accessory structures, loading or parking spaces, aisles, sidewalks or designated storage areas shall be planted with an all-season ground cover and shall be landscaped according to an overall plan.

Landscaping.

Residential subdivisions/land developments shall provide landscaping at a minimum rate of one selected canopy, flowering or evergreen tree for placement on each proposed residential lot or for each proposed residential unit (or common area/open space area if residential lots/parcels are not proposed). Also, residential subdivisions/land developments shall contain a minimum of five selected canopy, flowering and/or evergreen trees per gross acreage impacted or considered part of the subdivision and/or land development (i.e., if 20 acres of a one-hundred-acre tract is being subdivided with the remainder as residual, the acreage to be considered for this calculation would be 20 acres. At five trees/gross acre, 100 trees would be required.) This is in addition to street tree requirements, as well as parking lot landscape requirements and/or landscape screen/buffer yard requirements, if applicable. Landscape materials shall be placed between the road right-of-way and the facade of the building(s) or within another location acceptable to the Township, such as open space and recreational areas if provided in conjunction with the residential subdivision/land development.

In the event that a subdivision creates a lot in excess of the minimum lot size requirement of the zoning district, then the number of trees per gross acre shall be calculated based upon the minimum lot size area of the respective district (i.e., a subdivision creates a ten-acre lot in a two-acre minimum district, then the number of trees required would be based upon the two-acre minimum versus the proposed lot size of 10 acres, resulting in the requirement of 20 trees. Further subdivision of the ten-acre parcel would result in the provision of additional trees per the aforementioned regulation).

Nonresidential subdivisions/land developments shall provide landscaping at a minimum rate of five selected canopy, flowering and/or evergreen trees per gross acreage impacted (limit of site disturbance) or considered part of the subdivision/land development. The landscaping is in addition to street tree requirements, parking lot landscape requirements and/or landscape screen/buffer yard requirements. Landscape materials shall be placed between the road right-of-way and the facade of the building(s) or within another location acceptable to the Township.

If, after consideration of modification of the number of required landscape trees based on existing comparable trees on the site, the Township determines that conditions prevent any of the remaining required landscape trees from being placed on the site, the unplaced trees can be planted on other lands of the Township (subject to Township approval), or a fee-in-lieu of payment, equivalent to the cost of the unplaced trees, made to the Union Township Tree Fund for use in future tree plantings and in the maintenance of existing trees on Township lands.

[Amended 10-17-2022 by Ord. No. 2022-05]

Nonresidential and residential subdivisions/land developments requiring off-street parking lots shall screen the exterior perimeter of the parking lots with landscaping. Fifteen percent of the interior paved area of the parking lot shall be grade-separated, landscaped islands and/or landscaped medial strips. Trees and shrubs shall be utilized in the landscape areas. Deciduous trees shall be planted throughout the landscape areas within the parking lot at a rate of one canopy tree for every five parking spaces. Shrub materials shall be planted throughout the landscape area within the parking lot at a rate of three shrubs per every five parking spaces. Concrete curbs shall be provided along all landscaped areas within or abutting the parking lot. Wheel stops are required for each parking space to protect plant material.

A minimum plant height of three feet shall be provided for shrubs used in landscape screens/buffers. Shrubs provided for interior landscaping (i.e., interior parking lot, basins and house and other building landscaping) are not height limited.

Street trees.

Street trees shall be provided on both sides of all proposed roads and along existing road frontage in all subdivisions and land developments. The number of street trees to be provided shall be determined by the length of linear footage of new road proposed, divided by 40, times two, plus the length of linear footage of existing road upon which the subdivision and/or land development fronts upon divided by 40. If, based on conditions existing on the site, the Township determines that the required street trees cannot be placed on the site, the unplaced trees can be planted on other lands of the Township (subject to Township approval), or a fee-in-lieu of payment, equivalent to the cost of the unplaced trees, made to the Union Township Tree Fund for use in future tree plantings and in the maintenance of existing trees on Township lands.

[Amended 10-17-2022 by Ord. No. 2022-05]

Street trees shall be arranged on the outside of the sidewalks yet within the street right-of-way. Placement of street trees between the sidewalk and curb may only occur with the concurrence of the Township or as stated herein. Except in Traditional Neighborhood Developments (TND's), the Township prefers sidewalks that meander along roads within a subdivision and/or land development (as opposed to sidewalks being parallel and equidistant from the curbline). Street trees may alternate between the sidewalk and the curb, and the sidewalk and building facade, in clusters/groupings, with no defined pattern, when meandering sidewalks are utilized. Street trees shall be arranged in natural groupings versus being spaced an equal distant apart.

All street trees shall have a minimum of a seven-foot single straight stem to the first lateral branches above grade. Trees shall be symmetrical, free of insects, pests and disease. Trees shall be of nursery stock quality, grown under the same climatic conditions as at the location of the development.

All selected plant materials, except for street trees, shall be planted a minimum of 10 feet outside of the legal right-of-way of all existing and proposed streets or no closer than five feet to an adjoining property line, unless noted elsewhere in this chapter.

All selected plant materials shall be located so as not to interfere with sidewalks, drainage facilities, utilities and traffic circulation/sight distance.

Landscaping of retention/detention basins is required for the purposes of screening the basin from adjoining land uses (perimeter) and improving the aesthetics of the stormwater basin (non-perimeter screening). All storm drainage channels, retention basins and detention basins shall be graded and planted to effectively naturalize the area. It is the Township's preference that stormwater management provisions blend into the natural landscape. This shall be achieved by contour of the land and type of plant material employed. Open space and recreation space, both active and passive areas, shall be landscaped to effectively naturalize the areas. Proposed plant material shall become an integral and harmonious element in the natural landscape utilizing both trees and shrubs. With the concurrence of the Township, landscape materials may be utilized within the open space and recreational areas of a development.

All new planting areas shall be mulched to a depth of four inches.

The Township encourages and prefers that the landscape plan accommodates and utilizes areas such as woodlands, meadows, scenic vistas, stream corridors, ponds, wetlands and other natural areas with unique and aesthetic qualities that exist upon a given site.

Trees identified in § 172-44B(4) should be protected and preserved to the greatest extent possible per the following:

Grade changes and excavation shall not encroach upon the tree protection zone.

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

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

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

Within four hours of any severance of roots, all tree roots that have been exposed and/or damaged shall be trimmed cleanly and covered temporarily with moist peat moss, moist burlap, or other moist biodegradable material to protect them from drying out until permanent cover can be installed. All trees that have experienced any disturbance or have had damage to the roots or branches shall be fertilized either in early fall or mid-spring, preferably the fall.

Sediment, retention and detention basins shall not be located within the tree protection zone.

Sediment, retention and detention basins shall not discharge into the tree protection zone.

Trees shall not be used for roping, cables, signs or fencing. Nails and spikes shall not be driven into trees.

The tree protection zone shall be delineated as follows:

The tree protection zone that is delineated on the site prior to construction shall conform to the approved development plans.

All trees to remain shall be marked. Only those trees on the periphery of a grouping of trees to remain shall be marked.

A temporary fence 48 inches high shall be installed along the boundary of the tree protection zone and shall remain during the duration of construction.

Trees being removed shall not be felled, pushed or pulled into a tree protection zone.

In the event that the original grade at the tree protection zone line cannot be retained due to proposed construction, then a retaining wall shall be constructed outside of the tree protection zone to protect the tree.

[1]

The retaining wall shall be four inches above the finished grade line.

[2]

The wall shall be constructed of large stones, brick or treated wood beams not less than six inches by six inches. Drainage shall be provided through the wall so that water will not accumulate on either side of the wall. Weep holes shall be required with any wall.

[3]

A layer of clean stone, size three-fourths inch to one inch, shall be placed one foot behind the wall to aid in drainage.

New planting materials shall be chosen to prevent soil erosion and sedimentation.

No landscaping other than grass cover shall be permitted within a utility right-of-way or above any underground infrastructure elements such as sewer and water mains and laterals; gas mains and laterals; electric, telephone and cable television lines; and other similar features.

Screen plantings/buffer yards.

A screen planting/buffer yard is hereby defined as a landscaped barrier of sufficient height and density as to obstruct observation. Sufficiency of height and density shall be determined by § 172-44O(8).

Upon installation, a screen planting/buffer yard shall be not less than the minimum size requirement(s) established in § 172-44V.

Screen plantings/buffer yard width shall be established by applicable zoning district and/or supplemental regulations (Chapter 200, Zoning). If no width is established by the zoning district and/or supplemental regulations, then the minimum depth of 20 feet shall be provided, not including the five-foot setback from any property line. Screen planting/buffer yard width requirements could be less than or in excess of 20 feet depending upon the zoning district and/or land use that precipitates the need for the landscape screen planting/buffer yard (i.e., 10 feet, 20 feet, 50 feet, etc.).

All species within the screen planting/buffer yard shall be indigenous and otherwise well suited to the Township. This shall be confirmed by a landscape architect.

A screen planting/buffer yard may not be required where a lot contains areas of existing natural vegetation that effectively screen the proposed land use. The Township Planning Commission and Board of Supervisors shall make the determination if existing vegetation meets these criteria. Additional, supplemental plant material or the required screen planting/buffer yard may be required to augment the existing vegetation, if so determined by the Township. A landscape plan may still be required to provide for the maintenance of such natural areas, and the applicant will still be required to replace such barrier in the event that the plants die off to the extent that the screen or buffer function is no longer fulfilled. Existing natural areas being considered herein must be located entirely upon the property being subdivided or developed. Natural vegetation on neighboring properties shall not be considered as fulfilling the aforementioned landscape screen/buffer yard requirement.

Screen planting/buffer yards may be broken only at points of vehicular and pedestrian access or utility rights-of-way or easements that would preclude planting of trees or shrubs within the rights-of-way or easements.

All landscape screen plantings/buffer yards shall be maintained and kept clean of debris, rubbish, weeds and tall grass. Depending on the land use activity and intensity, the Township may require that a fence be installed within the buffer yard or along a portion of the buffer yard. The fence shall be consistent with the standards specified in Chapter 200, Zoning.

Quantity of plant material required for a landscape screen/buffer yard shall be determined as follows:

Rows of plant material shall be provided, staggered alternately in rows five feet apart (for example, a fifteen-foot-wide buffer yard would require three rows of plant material, etc.).

The amount of plant material to be used for any required landscape screening (buffer yard or site element) shall be calculated based on plantings at an average of eight feet on center for the length of the planting screen, times the number of rows required. The actual on-center planting distances should comply with appropriate spacing for the specific types of plant material selected.

The landscape screen/buffer yard shall consist of a mix of 50% evergreen trees, 10% deciduous trees, 10% flowering trees, and the balance of 30% in shrubs. All plantings used in landscape screens shall be in compliance with § 172-44V, Plant material list.

The Township shall reserve the right to require closer spacing of plant material to achieve the desired screen/buffer. A combination of separation distances may be utilized depending upon the plant material selected and concurrence by the Township.

Deciduous and evergreen hedge material may be incorporated within the landscape screen/buffer yard.

(f)

The Township encourages and prefers that the plant material required for the landscape screen/buffer yard, as determined by the per row/staggered placement formula, be arranged in a more natural configuration within the landscape screen/buffer yard.

The use of earthen berms as part of the landscape plan and/or landscape screen/buffer yard is strongly encouraged. Earthen berms shall be undulating both horizontally and vertically to achieve a natural effect.

Plant material shall not be planted until the finished grading of the subdivision and/or land development has been completed or as directed by the Township through the improvements agreement.

Final landscape plans and associated costs, as approved, will be incorporated into the improvements agreement and financial guarantee.

An agreement between the developer and the Board of Supervisors shall be required and entered into in order to provide maintenance of all such plantings until completion of the subdivision/land development and expiration of any and all associated maintenance/performance agreements.

The developer or landowner shall deposit with the Township a sum of money equal to the amount necessary to cover the cost of purchasing, planting, and maintaining, all plant material required by this chapter or Chapter 200, Zoning, and replacing any dead plant material for a period of 18 months beginning with the date of final completion of all the improvements covered by the improvements agreement, as certified by the Township Engineer and approved by the Township. Any and all plant material which dies or grows uncharacteristically for the selected species within the eighteen-month period shall be replaced immediately. The determination of replacement will be made by the Township Zoning Officer.

The Township will determine if guide wires and/or staking of plant material is required and for which plant material. Subdivision and land development plans shall contain details and specifications on planting of trees and shrubs along with guy wires and staking requirements.

Site element landscape screening.

Landscaping is required to screen various site elements from surrounding uses/activities. Site elements are defined to include, but not be limited to, the following: parking lots, loading docks, refuse storage, retention and detention basins.

A site element landscape screen is hereby defined as landscaping or a combination of landscaping with earthen berms, walls and/or fences designed to provide a visual barrier, transition or softening of a specific site element. Site element landscaping screens shall consist of two rows of staggered plantings unless otherwise specified and shall be of sufficient height to perform their required function.

Plantings used in site element landscape screening shall be in compliance with § 172-44V, Plant material list.

The plant species mix between evergreen, deciduous and flowering trees and shrubs to be used for a site element landscape screen shall be in compliance with § 172-44O(8)(c).

Site element landscape screening for refuse storage areas including, but not limited to, dumpsters, shall be enclosed by fence and be landscaped. Landscaping shall be of sufficient height and density (two rows of staggered plantings) to screen the storage area.

Site element screening for loading docks shall be of sufficient height (six feet) and density (two rows of staggered plantings) to screen the loading docks from view.

Site element landscape screening for parking lots shall be designed to provide a transition and soften visual impact (two rows of staggered plantings of sufficient height to soften and provide transition). For those parking lots abutting lot lines for properties of dissimilar uses (i.e., commercial parking adjacent to a residential lot), and where a buffer yard is not required by zoning, the landscaping shall be the same as required for a buffer yard landscape screen (three rows of staggered plantings) (see diagram for staggered plantings at the end of this chapter).

Site element landscape screening for retention/detention basins shall be designed to soften and blend into the natural landscape. For those retention/detention basins abutting property lines for properties of dissimilar uses (i.e., basin for a commercial use adjacent to a residential lot), and where a buffer yard is not required by zoning, the landscaping shall be the same as required for a buffer yard landscape screen (three rows of staggered plantings).

Site elements not hereby defined shall be landscaped in accordance with § 172-44T(2) (two rows of staggered plantings).

Shrub landscaping.

In addition to the landscaping requirements described above, shrub landscape plantings shall be required to provide softening around residential units and between the backs or sides of residential units facing other residential units.

Shrub landscaping shall be provided at a minimum of one shrub for every five horizontal feet of front elevation, one shrub for every eight horizontal feet of side elevation, and one shrub for every 10 horizontal feet of rear elevation.

Plantings used in shrub landscaping shall be in compliance with § 172-44V, Plant material list.

Plant material list. The following is a list of selected trees, hedges and shrubs that are acceptable to the Township. Species selection shall be based upon the existing physical and natural conditions of the site, as well as knowledge of plant material conducive to the area. An applicant may propose a type of tree or shrub not on this list. If so, then the applicant should be prepared to present information on the suitability of such type of plant material for the particular use and the local climate and soil conditions. Concurrence by the Township is required on any and all plant material selected. All plant material shall comply with the "American Standard for Nursery Stock" of the American Association of Nurserymen.

Canopy trees listed below are permitted provided that they are a minimum of two to two and one-half inches in caliper. The following is a list of approved canopy trees:

	Acer ginnala - Amur Maple
	Acer rubrum - Red Maple
	Acer saccharum - Sugar Maple
	Fagus grandifolia - American Beech
	Fagus sylvatica - European Beech
	Fraxinus americana - White Ash
	Fraxinus Pennsylvania lanceolata - Green Ash
	Gleditsia triacanthos inermis - Thornless Honey Locust
	Platanus acerifolia - London Plane Tree
	Quercus alba - White Oak
	Quercus borealis - Red Oak
	Quercus coccinea - Scarlet Oak
	Quercus palustris - Pin Oak
	Quercus phellos - Willow Oak
	Robina psuedoacaia inermis - Black Locust
	Zelkova serrata - Japanese Zelkova

Flowering trees are permitted provided that they are a minimum of six feet in height. The following is a list of approved flowering trees:

	Amelanchier canadensis - Shadblow Serviceberry
	Cornus florida - Flowering Dogwood
	Cornus kousa - Kousa Dogwood
	Cornus mas - Cornelian Cherry
	Koelreuteria paniculata - Golden Rain Tree
	Laburnum vossi - Goldenchain
	Magnolia soulangeana - Saucer Magnolia
	Malus baccata - Siberian Crab
	Malus floribunda - Japanese Flowering Crab
	Malus hopa - Hopa Red-Flowering Shrub
	Oxydendrum arboreum Sourwood
	Prunus serrulata 'Kwanzan' - Kwanzan Cherry
	Prunus yedoensis - Yoshino Cherry

Evergreen trees are permitted provided that they are a minimum of six feet in height. The following is a list of approved evergreen trees:

	Ilex opaca - American Holly
	Picea abies - Norway Spruce
	Picea omorika - Serbian Spruce
	Picea pungens - Colorado Spruce
	Pinus nigra - Austrian Pine
	Pinus strobus - Eastern White Pine
	Pinus thunbergii - Japanese Black Pine
	Pseudotsuga menziesli - Douglas Fir
	Tsuga caroliniana - Carolina Hemlock
	Tsuga canadensis - Canada Hemlock

Hedge material is permitted within landscape screens/buffer yards provided that they are a minimum of four feet in height, used in conjunction with other required plant material, and have the concurrence of the Township. The following is a list of approved hedge plants:

	Elaeagnus augustifolia - Russian Olive
	Forsythia intermedia - Border Forsythia
	Rhamnus frazula columnaris - Tailhedge Buckthorn
	Syringa chinensis - Chinese Lilac
	Syringa vulgaris - Common Lilac
	Viburnum alatus - Viburnum
	Viburnum sieboldii - Siebold Viburnum
	Viburnum tomentosum - Doublefile Viburnum

Shrubs are permitted within the landscape screen/buffer yard provided that they are a minimum of three feet in height, used in conjunction with other required plant material, and have the concurrence of the Township. The following is a list of approved shrubs:

	Hamamelis vernalis - Vernal Witch Hazel
	Hamamelis virginiana - Common Witch Hazel
	Ilex verticillata - Winterberry
	Juniper virginiana - Upright Juniper
	Rhamnus frangula - Glossy Buckthorn
	Taxus capitata - Upright Yew
	Taxus hicksii - Hicks Yew
	Viburnum dentatum - Arrowwood Viburnum
	Viburnum lantana - Wayfaring Tree Viburnum

Street trees listed below are permitted provided that they are a minimum of three inches in caliper. They have been selected for their suitability to the local climate, size, shape, hardiness and cleanliness. Note that this list is a guide only: Some of these species may be inappropriate in some circumstances, and there are others not listed here which, under certain conditions, could be successfully used as street trees. While some variety is appropriate in the interest of avoiding the effects of disease, too much variety will result in an unattractive streetscape. If a species other than one of those listed here is proposed as a street tree, the applicant shall be prepared to explain their suitability for this purpose and setting, per the recommendation of a landscape architect. Concurrence by the Township is required for all street trees selected and/or mix of street trees.

	Acer campestre - Hedge Maple
	Acer pseudoplatanus - Planetree Maple
	Acer rubrum - Red maple
	Acer Saccharum - Sugar Maple
	Fraxinus pennsylvanica - Green Ash/Red Ash (nonfruiting)
	Gleditsia triancanthos inermis - Thornless Honeylocust
	Koelreutaria paniculata - Panicled Goldenraintree
	Prunus sargentii* - Sargent Cherry
	Pyrus calleryana cv. Chanticleer* - Chanticleer Pear
	Pyris calleryana cv. Cleveland Select* - Cleveland Pear
	Pyrus calleryana cv. Red Spire* - Red Spire Pear
	Quercus palustris - Pin Oak
	Quercus robur* - English Oak
	Tilia cordata - Littleleaf Linden
	Tilia tomentosa - Silver Linden
	Zelkova serrata cv. Village Green* - Japanese Zelkova

	Notes:
	*	Indicates that these specific species are particularly well-suited for use as street trees since their root systems are characterized by a single tap-root and minimal spread.

Shrub material for use in general landscaping and foundation planting shall include the following:

	Abelia x grandiflora - Glossy Abelia
	Amelanchier alnifolia - Serviceberry
	Azalea carolinianum - Carolina Azalea
	Azalea 'Exbury Hybrids' - Exbury Azelea
	Azelea mucronulatum 'Cornell Pink' - Cornell Pink Azelea
	Azalea 'Northern Lights' - Northern Lights Azalea
	Berberis thunbergii - Japanese Barberry
	Buddleia davidii - Butterfly Bush
	Buxus microphylla - Little Lear Boxwood
	Buxus microphylla 'Green Beauty' - Green Beauty Boxwood
	Buxus microphylla japonica - Japanese Boxwood
	Buxus microphylla koreana - Korean Boxwood
	Buxus sempervirens 'Suffruticosa' - Edging Boxwood
	Callicarpa dichotoma - Chinese Beauthberry
	Carex Morrocoii 'Variegate' - Variegated Japanese Sedge
	Chaenomeles japonica - Japanese Flowering Quince
	Chamaecyparis obtuse 'Nana Gracilis' - Dwarf Hinoki False Cypress
	Cletra alnifolia - Summersweet
	Cornus alba - Redtwig Dogwood
	Cornus mas - Cornelian Cherry
	Corpus racemosa - Gray Dogwood
	Cornus stolonifera 'Flaviramea' - Yellow-Twig Dogwood
	Cotoneaster apiculata - Cranberry Cononeaster
	Cotoneaster horizontalis - Rockspray Cononeaster
	Daphne x burkwoodii 'Carol Mackie' - Carol Mackie Daphne
	Deutzia gracilis - Slender Deutzia
	Euonymus kiautschovics 'Manhattan' - Manhattan Spreading Euonymus
	Euonymus fortunei vegetus - Wintercreeper
	Forsythia x intermedia - Border Forsythia
	Fothergilla major - Large Fothergilla
	Gardenia jasminoides - Gardenia
	Hamamelis virginiana - Common Witch Hazel
	Hibiscus syriacus - Rose of Sharon
	Hydrangea aborescens 'Annabelle' - Annabelle Hydrangea
	Hydrangea macrophylla 'Nikko Blue' - Nikko Blue Hydrangea
	Hydrangea aborescens grandiflora - Hills of Snow Hydrangea
	Hydrangea quercifolia - Oakleaf Hydrangea
	Ilex glabra 'Compacta' - Inkberry
	Ilex cornuta 'Bufordii Nana' - Dwarf Burford Holly
	Ilex corunta 'Carissa' - Chinese Holly
	Ilex crenata 'Compacta' - Compact Japanese Holly
	Ilex crenata 'Green Luster' - Green Lustre Japanese Holly
	Ilex crenata 'Helleri' — Heller Japanese Holly
	Juniperus chinensis 'Sea Green' - Sea Green Juniper
	Juniperus chinensis 'Parsonii' - Parson's Juniper
	Juniperus horizontalis plumose - Andorra Juniper
	Juniperus procumbens - Japanese Garden Juniper
	Juniperus Sabina 'Tamariscifolia' - Tam Juniper
	Juniperus squamata 'Blue Star' - Blue Star Juniper
	Kalmia latifolia - Mountain Laurel
	Leucothoe fontanesiana - Drooping Leucothoe
	Ligustrum x vicaryi - Golden Vicary Privet
	Mahonia aquifolium - Oregon Grape Mahonia
	Myrica pensylvanica - Northern Bayberry
	Pennisetum alopecuroides - Fountain Grass
	Picea abies 'Nidiformis' - Bird's Nest Spruce
	Picea glauca 'Conica' - Dwarf Alberta Spruce
	Pieris floribunda - Mountain Pieris
	Pinus mugo - Mugo Pine
	Photinia x fraseri - Redtip Photinia
	Potentilla fruticosa - Shrubby Cinquefoil
	Potentilla fruticosa - Potentilla (Cinquefoil)
	Prunus glandulosa - Flowering Almond
	Prunus glandulosa 'Roses' - Dwarf Flowering Almond
	Prunus laurocerasus 'Otto Luyken' - Otto Luyken Laurel
	Pyracantha angustifolia 'Yukon Belle' - Yukon Belle Firethorn
	Rhododendron calendulaceum - Torch Azelas
	Rhododendron catawbiense - Catawba Rhododendron
	Rhododendron kosterianum - Mollis Azelas
	Rhododendron obtusum 'Kurume' - Kurume Azelas
	Rhododendron poukanense hybrid - Gable Azelas
	Rosa 'Betty Prior' - Betty Prior Rose
	Rosa Carefree Beauty - Carefree Beauty Rose
	Rosa 'Fru Dagmar Hastrup' - Fru Dagmar Hastrup Rose
	Rosa 'Grahm Thomas' - Grahm Thomas Rose
	Rosa 'Iceberg' - Iceberg Rose
	Rosa 'Margo Koster' - Margo Koster Rose
	Rosa 'Peace' - Peace Rose
	Rosa 'Pink Meidiland' - Pink Meidiland Rose
	Rosa 'The Fairy' - The Fairy Rose
	Rosa rubrifolia - Rosa Rubrifolia
	Skimmia japonica - Japanese Skimmia
	Spiraea bumalda 'Anthony Waterer' - Anthony Waterer Spirea
	Spiraea bumalda 'Froebelii' - Frobel Spirea
	Spiraea japonica 'Shibori' - Shibori Spirea
	Spiraea prunifolia - Bridalwreath Spirea
	Spiraea thunbergi - Baby's Breath Spirea
	Spiraea x vanhouttei - Vanhoutte Spirea
	Symphoricarpos albus - Snowberry
	Symphoricarpos orbiculatus - Coralberry
	Syringa x laciniata - Cutleaf Lilac
	Syringa patula 'Miss Kim' - Miss Kim Lilac
	Syringa x persica - Persian Lilac
	Syringa vulgaris - Common Lilac
	Taxus Canadensis - Canada Yew
	Taxus x media 'Hicksii' - Hick's Upright Yew
	Thuja occidentalis 'Little Giant' - Little Giant Arborvitae
	Viburnum carlesii - Korean Spice Viburnum
	Viburnum opulus 'Roseum' - European Cranberrybush
	Viburnum plicatum tomentosum - Doublefile Viburnum

§ 172-44.1 Fences.

To preserve uniformity of appearance in subdivisions of six lots or more, of less than one acre in size, perimeter fences shall be installed, and maintained in accordance with the exhibit at the end of this chapter including: