[Ord. 74-2, 7/2/1974; as amended by Ord. 8.5.2008, 8/5/2008]
1.
When the developer proposes to provide water to more than one dwelling
unit for a service fee or as a part of a lease; and/or when a sewerage
system and a sewage treatment facility is planned to serve two or
more units, the following procedures should be followed:
A.
Where no public water supply is available to the development, the
Board of Supervisors shall require the developer to obtain from the
Pennsylvania Department of Environmental Protection certificates of
approval as to the quality and adequacy of the water supply proposed
and approval of the type and construction methods to be employed in
the installation.
B.
Where the development is inaccessible to sanitary sewers, the Board
of Supervisors shall require the developer to obtain the Pennsylvania
Department of Environmental Protection, certificates of approval of
the proposed sewage disposal facilities.
C.
Improvement construction requirements will be completed under Township
specifications referred to or attached.
[Ord. 74-2, 7/2/1974; as amended by Ord. 1985-1, 9/3/1985;
by Ord. 93-1, 3/2/1993, § 1; and by Ord. 8.5.2008, 8/5/2008]
1.
All streets which by design or intent are to become a part of the
official map and/or the Township circulation system by legal action
of the Board of Supervisors, shall conform to the following design
standards and be planned in a manner acceptable to the Planning Commission:
A.
Where a subdivision abuts or contains an existing or proposed arterial
street or a railroad right-of-way, access thereto shall be limited
to a minimum and such access shall be determined with due regard for
sight distance, distance between intersections, approach grades and
requirements for future grade separations.
B.
Marginal access and reverse frontage streets paralleling limited
access and/or arterial streets shall be required. Access to limited
access or arterial streets shall not be more frequent than one in
500 feet.
C.
Street jogs with center-line offsets of less than 125 feet shall
be avoided.
D.
Arterial and collector streets shall be improved in accordance with
standards and specifications of the Pennsylvania Department of Transportation.
E.
When a street line changes direction more than 10°, it shall
be connected with a curve with a radius sufficient to assure adequate
sight distance.
F.
Streets shall be laid out to intersect as nearly as possible at right
angles, and no street shall intersect any other street at less than
60°.
G.
Collector and arterial streets shall not intersect at intervals of
less than 800 feet.
H.
Alleys shall be prohibited.
I.
All streets shall have a minimum total width of 50 feet, a minimum
cartway of 20 feet, and a minimum berm/shoulder of eight feet on each
side of the cartway.
(1)
Permanent Private Streets. Shall have a width not less than
36 feet nor greater than 50 feet, unless a greater width is agreed
to by the land developer and the Township; the width within such guidelines
shall be determined by the Supervisors, based upon the recommendation
of the Planning Commission and taking into consideration the requirements
for similar public streets as provided in this chapter.
J.
Dead-end streets (culs-de-sac) designed to be so permanently, shall
be provided with a turn around having an outside cartway diameter
of at least 80 feet and a property line diameter of at least 100 feet.
Culs-de-sac planned in excess of 500 feet in length shall be subject
to the review and approval of the Board of Supervisors. Culs-de-sac
shall not have less than fifty-foot right-of-way nor less the twenty-four-foot
cartway. Approval of additional length shall be granted only when
deemed to the best interests of the citizens and the Township and
when no jeopardy in regard to public protection is found.
K.
The grade of any street shall not be less than 1/2 of 1%. The grade
of any street shall not exceed 10%, unless approved by the Board of
Supervisors. The Board of Supervisors shall have the authority to
give approval to a street grade not in excess of 20%.
(1)
Approval of Streets with Grades in Excess of 10% by the Board
of Supervisors. The following requirements and standards shall apply
to the approval of any street or development with a street having
a grade in excess of 10%, for any portion thereof:
(a)
Approval by the Board of Supervisors shall be upon such limitations
and conditions as they determine to be appropriate to maintain the
safe condition, assure safe travel upon and provide appropriate drainage
from the street taking into consideration its intended or potential
use.
(b)
The Board of Supervisors may require submission of detailed
plans showing grades, road cross sections, profiles and construction
detail, and such engineering studies it deems appropriate to enable
the Board of Supervisors to have sufficient information to determine
the appropriate design and construction requirements for said street.
(c)
The Board of Supervisors may require such streets to have: paved
surfaces, appropriate subsurface construction, curbing, pavement of
drainage improvements and storm sewers.
(d)
The Board of Supervisors may require the posting of appropriate guarantees for performance and completion of such street design and construction as provided under § 22-704 of this chapter.
(e)
The Board of Supervisors may limit the number of lots to be
served by any street having a grade in excess of 15% and may impose
as a requirement of approval that appropriate restrictions on further
development shall be imposed upon all lot owners in the development
preventing said lots from being further developed or subdivided.
(f)
The Board of Supervisors shall require the Township Engineer to review the plans relating to the street design and construction for any street having a grade in excess of 15%. The Township Engineer may be an engineer especially employed by the Township for this purpose, or the engineer generally employed by the Township. The Township Engineer shall review the plans as submitted and make a report with his comments and recommendations to the Board of Supervisors as to the appropriateness as to the construction design of the street in order to maintain the standards herein set forth and the other requirements of this chapter and the Zoning Ordinance [Chapter 27]. The cost of such Engineer's review and report shall be paid by the developer as an additional subdivision filing fee.
(g)
In determining the limitations and conditions to be placed upon
the street development, the supervisors shall take into consideration
the anticipated traffic load, the safety of the traveling public,
the drainage of surface water from the street, the extent of the development
served by the street and its effect upon other existing developments
in the Township, the manner in which the development is served by
utilities, the ability of fire companies, ambulances and other emergency
vehicles and service vehicles to traverse the street in order to provide
necessary services to the lots intended to be served thereby.
(2)
Minor subdivisions may be approved by the Planning Commission
and Board of Supervisors with streets that are intended to remain
permanently as private streets, that is not to be ever dedicated or
accepted by the Township upon the following conditions:
(a)
Such permanent private streets shall meet all the requirements
for streets, as set forth in this chapter.
(b)
The developer or the Planning Commission may recommend and the
Board of Supervisors may require, that, the number of lots to be served
by a permanent private street be limited and if approval of the subdivision
plan is conditioned upon such limitation, the agreement with the Township
and the declaration of restrictive covenants hereinafter referred
to shall contain appropriate provisions for such limitation.
(c)
The approval of a minor subdivision with permanent private streets,
shall require the developer to submit as part of the subdivision application,
a proposed declaration of restrictive covenants and a form of agreement
to be signed by the lot owners and the developer to provide for the
permanent maintenance of the streets. The declaration of restrictive
covenants shall provide for:
1)
A prohibition providing that such private streets shall not
ever be offered for dedication and that the same shall remain private
streets permanently and shall not be dedicated to the public or offered
to the Township for acceptance as public streets.
2)
That the owners or occupiers of lots in said subdivision shall
waive the right to petition or otherwise request that said streets
be accepted or maintained by the Township as public streets.
3)
The restrictions shall be permanent for the benefit of the Township.
The Township shall have the sole authority to voluntarily consent
to a modification in the future, which consent shall not take place
until the roads and streets are improved to an extent satisfactory
to the Township and the Township voluntarily consents or agrees that
it would be appropriate to allow further subdivision or other modification
of the restrictions including acceptance of the street as a public
street.
4)
If the Board of Supervisors determines that the number of lots
to be served by said streets are to be limited, the developers agreement
and instruments of conveyance, deed or lease, shall provide appropriate
notice thereof and agreement to such restriction; they shall further
provide that no further subdivision of the lots of said plan shall
occur, unless consented to by the Township.
5)
The declaration of restrictive covenants shall contain a requirement
that an agreement for maintenance of the right-of-way shall be executed,
which agreement shall be binding upon the developer and all lot owners.
6)
The declaration of restrictive covenants shall contain such
other provisions that shall be reasonably required by the Township
Supervisors upon recommendation of the Planning Commission to assure
that said streets remain permanently as private streets and to assure
their appropriate maintenance by the subdivider or lot owners benefitted
by the same.
(d)
The declaration of restrictive covenants shall be recorded simultaneously
with the recording of the approved subdivision plan.
(e)
As a condition of approval of the subdivision plan, the developers
shall sign an agreement with the Township in such form as approved
by the Township from time to time which agreement shall require that:
1)
The said declaration of restrictive covenants be recorded simultaneously
with the recording of the subdivision plan.
2)
A notation of reference to the declaration of restrictive covenants
on the subdivision plan.
3)
Identification on the plan that the street and right-of-way
is designated as a permanent private street.
4)
That the subdivider or lot owner(s) and not Hepburn Township
are responsible for improvement and maintenance of the street.
5)
That the lot owners are required to sign a right-of-way maintenance
agreement as approved by the Township.
6)
That the Township shall be indemnified and held harmless by
the developer on account of any and all matters arising out of the
use, maintenance, development of said private streets and/or from
any act which would attempt to make said private street(s) a public
street(s).
7)
That the signs required hereunder will be posted.
8)
That all other requirements imposed will be adhered to.
(f)
The developer in accordance with said agreement shall provide
a reference on each deed, lease, conveyance or other instrument creating
any interest in said subdivision to the declaration of restrictive
covenants and provide that as a condition of the conveyance that the
acceptance of the deed, lease, instrument of conveyance or the acceptance
of any interest in the lands of the subdivision is an agreement by
the grantee, lessee, person or entity receiving such interest that
they, their successors, heirs or assigns, agree to be bound by such
restrictions.
(g)
The developer and/or those responsible for the maintenance and
upkeep of the permanent private street shall cause a sign or signs
to be posted at such locations as determined by the Board of Supervisors
which signs shall state that such streets are permanent private streets.
The sign(s) shall be of such size, design and location as will readily
advise those using the street of its permanent private nature.
L.
Where the grade of any street at the approach to an intersection
exceeds 4%, a leveling area shall be provided having not greater than
4% grade for a distance of 25 feet measured from the nearest right-of-way
line of the intersecting street.
M.
At intersections cartway or curb radii shall not be less than 20
feet.
N.
Partial streets shall not be permitted. Suitable access to adjacent
unsubdivided land shall be provided when such land does not abut a
public street and may be landlocked by the subdivision under consideration.
O.
Multiple intersections involving junction of more than two roads
shall be prohibited.
[Ord. 74-2, 7/2/1974; as amended by Ord. 1985-1, 9/3/1985]
1.
The subdividing of the land shall be such that each lot is provided with access to a public or private street. Such access may either be by direct access or by private access drive. Direct access shall be deemed to be applicable to all lots which abut or adjoin a public or private street with a frontage thereon of at least 50 feet, as measured at the street right-of-way line. Otherwise, access shall be by a private access drive. Private access drives shall serve no more than one lot and shall be at least 20 feet in width. All access to a public or private street, and the driveways used to provide such access, whether the same is deemed to provide direct access or by private access drive, shall conform to the requirements of the Zoning Ordinance [Chapter 27] and other Hepburn Township ordinances as applicable to said lot or lots.
2.
Easements across lots, centered on rear or side lot lines, or where
necessary for lot access, utilities, water course, drainage way, channel
or stream shall be not less than 20 feet wide.
[Ord. 74-2, 7/2/1974]
1.
Block lengths shall not exceed 1,600 feet.
2.
In cases where the block length exceeds 1,200 feet or where deemed
essential to provide pedestrian circulation to schools, playgrounds,
shopping centers and other community facilities, a cross walk shall
be provided with a pavement width of not less than eight feet.
[Ord. 74-2, 7/2/1974]
1.
Where a proposed park, playground, school, easement or other public
use shown in the comprehensive plan or in the opinion of the Planning
Commission is necessary, the Board of Supervisors may require the
reservation of such area within the subdivision or land development
in a reasonable manner.
2.
In subdivisions of 20 or more lots, the Planning Commission may require
that an area, or areas, of land be set aside and preserved for open
space and recreation. The area to be considered should not be less
than 2% of the total area of the site or about 870 square feet for
each acre of land in the development.
[Ord. 74-2, 7/2/1974]
1.
Lots shall be laid out and graded to provide positive drainage away
from new and existing buildings.
3.
Special consideration shall be given to avoiding problems which could
arise from concentration of stormwater runoff over adjacent properties.
4.
The developer shall submit runoff data upon which the size of conduits,
culverts, and swales for proposed stormwater control has been based.
[Ord. 74-2, 7/2/1974]
1.
Sanitary Sewers. The developer shall plan and construct sanitary
sewers with provisions for connection to each lot in the proposed
subdivision in all cases where public sewers are planned or available
within 1,000 feet of the development.
2.
Public Water. The developer shall plan and install water mains with
provisions for connection to each lot in the proposed subdivision
in all cases where a public water main is available or exists within
1,000 feet of the proposed subdivision. The developer shall also place
fire hydrants along said water mains at locations approved by the
Township Engineer, and in keeping with fire protection standards.
[Ord. 74-2, 7/2/1974]
Whenever the development plan involves five or more lots, utilities
shall be installed underground.
[Ord. 74-2, 7/2/1974; as amended by Ord. 8.5.2008, 8/5/2008]
1.
Effective soil conservation measures shall be planned and implemented
in accordance with the Rules and Regulations relating to erosion control
(25 Pa. Code, Chapter 102, or as hereafter amended) of the Pennsylvania
Department of Environmental Protection.
A.
Standards.
(1)
No changes shall be made in the contour of the land; no grading,
excavating, removal or destruction of the topsoil, trees or other
vegetative cover of the land shall be commenced until an erosion and
sedimentation control plan has been processed through DEP and/or SCS,
and reviewed by the Township Planning Commission; or a determination
is made by the Commission that such plans are on file with and have
been approved by the Department of Environmental Protection and/or
the Soil Conservation Service.
(2)
No subdivision or land development plan shall be approved unless
there has been a plan approved that provides for minimizing erosion
and sedimentation consistent with 25 Pa. Code, Chapter 102, Rules
and Regulations of the Department of Environmental Protection, or
as hereafter amended.
[Ord. 74-2, 7/2/1974]
1.
In order to provide more suitable building sites, the following requirements
shall be met:
A.
All lots, tracts, or parcels shall be graded to provide proper drainage
from buildings without ponding, and all land within a development
shall be graded to drain surface water without ponding, except where
other arrangements are approved by the Board of Supervisors.
B.
All drainage provisions shall be adequate to handle the surface runoff
and carry it to the nearest curbed street, storm drain, or natural
water course. Where drainage swales are used they shall be sodded
or planted and of adequate slope, shape and size.
C.
Concentration of surface water runoff shall only be permitted in
natural watercourses or swales leading thereto.
D.
Excavations and Fills.
(1)
Cut and fill slopes shall not be steeper than 2:1 unless stabilized
by a retaining wall or cribbing except as approved by the Board of
Supervisors when handled under special conditions.
(2)
Adequate provisions shall be made to prevent surface water from
damaging the cut face of excavations or the sloping surfaces of fills.
(3)
Cut and fills shall not endanger adjoining property.
(4)
Fill shall be placed and compacted to minimize sliding or erosion.
(5)
Fills shall not encroach on natural watercourses or constructed
channels.
(6)
Fills placed adjacent to natural watercourses or constructed
channels shall have suitable protection against erosion during periods
of flooding.
(7)
Grading will not be done in such a way so as to divert water
onto the property of another landowner without the expressed consent
of the Board of Supervisors and the landowner.
(8)
Necessary measures for dust control will be exercised.
(9)
Grading equipment will not be allowed to cross live streams.
Provision will be made for the installation of culverts or bridges.
(10)
Where any excavation or grading is proposed or where any existing
trees, shrubs or other vegetative cover will be removed, the subdivider
shall consult the County Soil and Water Conservation District Office
concerning plans for erosion and sediment control and to also obtain
a report on the soil characteristics of the site so that a determination
can be made as to the type and degree of development the site may
accommodate.
[Ord. 74-2, 7/2/1974; as amended by Ord. 8.5.2008, 8/5/2008]
1.
Whenever sedimentation results from stripping vegetation, regrading
or other activity, it shall be the responsibility of the person, corporation
or other entity causing such sedimentation to remove it from all adjoining
surfaces, drainage systems and watercourses and to repair any damage
at his expense as quickly as possible.
2.
Maintenance of all drainage facilities and watercourses within any
subdivision or land development is the responsibility of the developer
until accepted by the Township or other official agency, which accepts
responsibility thereafter.
3.
It is the responsibility of any person, corporation, or other entity
doing any act on or cross a communal stream, watercourse or swale
or upon the floodplain or right-of-way thereof, to maintain said facility
in its present state during all activity and to return it to its original
condition after activity is completed.
4.
Maintenance of drainage facilities or watercourses originating and
remaining on private property is the responsibility of the owner to
the point of open discharge at the property line or at a communal
watercourse within the property.
5.
No entity shall undertake any activity affecting any communal stream
or watercourse without having obtained approval from the Township
or Department of Environmental Protection or both.
6.
Where a subdivision or development is traversed by a watercourse,
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 natural drainage.
7.
Any person, corporation, or other entity making any surface changes
shall be required to:
A.
Collect on-site surface runoff and dispose of it into the common
natural watercourse of the drainage area.
B.
Handle all runoff through the development by designing to adequately
handle storm runoff from any developed area.
C.
Pay a proportionate share of the total cost of off-site improvements
to the common natural watercourse, based on a fully developed drainage
area.
D.
Provide and install all drainage and erosion control improvements
(temporary and permanent) as required by the erosion and sediment
control plan.
