In addition to the standards in this Article VI, all subdivisions and land developments shall be designed in accord, and comply, with the applicable requirements of Chapter 470, Zoning.
A.
Application. The standards and requirements contained in this Article VI shall apply to all subdivisions and land developments and are intended as the minimum for the preservation of the environment and promotion of the public health, safety, and general welfare; and then shall be applied as such by the Planning Commission and Board of Commissioners in reviewing and evaluating plans for all proposed subdivisions and/or land developments. Compliance with all standards shall be documented by the applicant at the time of initial application.
(1)
Planning. The development shall conform to the proposals and conditions shown in the Township Comprehensive Plan and any local or regional plans adopted by the Township. The roads, drainage, rights-of-way, school sites, public parks and playgrounds shown on the officially adopted plan or the Township Official Map shall be considered in the approval of all plans. In the case of major subdivisions and land developments, the applicant shall submit a narrative detailing how the development conforms to any applicable plan.
(2)
Summary of required improvements. Table 390-43[1] summarizes the required improvements for various types of subdivisions and land developments. The remainder of this article sets forth the construction standards for several of the required improvements. Other construction standards shall be evaluated and approved by the Township Engineer.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(3)
Improvements, specifications. Additional improvements, or improvements of more stringent specifications, may be required in specific cases where, in the opinion of the Board of Commissioners, such specifications are necessary to create conditions essential to the health, safety, and general welfare of the citizens of the Township and/or to protect the environment of the Township.
(4)
Hazard areas. Those areas which may present such hazards to life, health, or property as may arise from fire, flood or noise, or are considered to be uninhabitable for other reasons, shall not be subdivided for building purposes unless the hazards have been eliminated or the plans show adequate safeguards against the hazards. Sources for determining and evaluating potential hazards may include historical records, soil evaluations, engineering studies, expert opinions, standards used by licensed insurance companies, and adopted regional, county or local municipal policies.
(5)
Development design; remnants; neighboring development. All portions of a tract being subdivided shall be taken up in lots, roads, open lands, or other proposed uses, so that remnants and landlocked areas shall not be created. The layout of a subdivision shall also be planned with consideration for existing nearby developments or neighborhoods so that they are coordinated in terms of interconnection of open space, traffic movement, drainage, and other reasonable considerations.
(6)
Natural features. Care shall be taken to preserve natural features such as agricultural land, woodland and specimen trees, wetlands, watercourses, views, and historical features, such as buildings and stone walls, which will maintain the attractiveness and value of the land. Damming, filling, relocating or otherwise interfering with the natural flow of surface water along any surface water drainage channel or natural watercourse shall not be permitted except with the approval of the Township and, where appropriate, the PA DEP and the United States Army Corps of Engineers.
(a)
Groundwater resources. This section is intended to ensure that the Township's limited groundwater resources are protected for purposes of providing water supplies for its residents and businesses, and to protect the base flow of surface waters. These regulations shall be applied in conjunction with those provided for in other sections of this chapter, dealing with groundwater conservation and replenishment. The proposed subdivision and land development of any tract shall be designed to cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table, through careful planning of vegetation and land disturbance activities, the use of bio-retention areas and infiltration trenches, and the placement of roads, buildings and other impervious surfaces in locations other than those identified on the existing resources and site analysis plan as having the greatest permeability where precipitation is most likely to infiltrate and recharge the groundwater. [See § 390-52E(6) for the requirements for a water resources impact study.]
(b)
Stream valleys, swales, springs, and other lowland areas. Stream valleys (which include stream channels and floodplains), swales, springs and other lowland areas are resources that warrant restrictive land use controls because of flooding hazards to human life and property, groundwater recharge functions, importance to water quality, and the health of aquatic communities and wildlife habitats. Such areas are generally poorly suited for subsurface sewage disposal systems, stormwater management shall be provided in accord with Township stormwater regulations and the following activities shall be minimized:
[1]
Disturbance to streams and drainage swales.
[2]
Disturbance to year-round wetlands, areas with seasonally high water tables, and areas of surface water concentration.
[3]
Stream valleys, swales and other lowland areas warrant designation as conservation open space because of extreme limitations. They may also require adjoining buffer lands to be included in the conservation open space, to be determined by an analysis of the protection requirements of such areas on a case-by-case basis. In certain instances, hydric soils may be excluded from the conservation open space where it can be demonstrated that they are suitable for low density residential uses and on-lot sewage systems.
(c)
Woodlands. Woodlands occur extensively throughout the Township, often in association with stream valleys and wet areas, poor and erodible agricultural soils, and moderate to steep slopes. In designing a subdivision and land development plan for any tract, the applicant shall be guided by the following standards:
[1]
Healthy woodlands exceeding one acre shall be preserved and designated as conservation open space areas, to the maximum extent possible. Proposed site improvements shall be located, designed, and constructed to minimize the loss or degradation of woodland areas.
[2]
Developments shall be designed to preserve woodlands along roadways, property lines and lines occurring within a site such as streams, swales, stone fences and hedgerows. Such lines and the native vegetation associated with them shall be preserved as buffers between adjacent properties and between areas being subdivided within a property. Preservation shall include ground, shrub, understory, and canopy vegetation.
[3]
Disturbance or removal of woodlands occupying environmentally sensitive areas shall be undertaken only when approved by the Township and on a limited, selective basis to minimize the adverse impacts of such actions. This shall include, but not necessarily be limited to, vegetation performing important soil stabilizing functions on wet soils, stream banks, and sloping lands.
[4]
No clearing or earth disturbance (except for soil analysis for proposed sewage disposal systems) shall be permitted on a site before the completion of subdivision and land development agreements. The determination of sight distance clearances along roadways shall be made graphically and not by clearing on site prior to final plan approval.
(d)
Upland areas. These areas comprise fields, pastures, meadows, and former agricultural areas in early stages of woodlands succession, with fences, stone walls, tree copses and hedgerows, typically bordered by stream valleys and upland woodlands. These comprise the Township's historic working landscape, dotted with historic houses, barns and other structures. They give the Township much of its rural character. They also contain the greatest concentration of prime agricultural soils. Because of their openness and high visibility, development in these areas is likely to be most readily seen and disruptive to the historic landscape. Such areas sometimes provide habitat for wildlife, in conjunction with nearby woodlands and stream valleys. However, it is recognized that these areas also frequently offer the fewest constraints for development. Several elements of these working landscapes lend themselves to incorporation into the Township's conservation open space network. These include prime agricultural soils and natural features which visually punctuate the landscape, such as hedgerows, tree copses, stone walls, and visually prominent places such as knolls and hilltops. These areas can also accommodate development, with preferred locations being the nonprime agricultural soils and lower topographic settings where development will be visually less obtrusive. Compact clustered residential designs, with coordinated architectural and landscape architectural themes, are encouraged in highly visible locations where future development cannot be avoided (such as at the far edge of open fields).
(e)
Steep slopes. The purpose of steep slope regulations is to conserve and protect those areas having steep slopes from inappropriate development and excessive grading; to prevent potential dangers caused by erosion, stream siltation, and soil failure; and to promote uses in steep slope areas that are compatible with the preservation of existing natural features, including vegetative cover by restricting grading of steep slope areas.
[1]
Definition of steep slope areas.
[a]
Steep slope area is defined and established as those areas having an original, unaltered slope of 20% or greater. The establishment of slopes shall be made by a topographic survey performed by a registered surveyor, or other means acceptable to the Township.
[b]
Isolated pockets of steep slopes containing less than 2,000 square feet of surface area shall be exempt from the provisions of this section, unless they are a portion of all steep slope areas within the lot or property where the sum of all steep slope areas exceeds 2,000 square feet.
[2]
[a]
No more than 35% of the original ground cover within any designated steep slope area on the property may be disturbed by grading, filling or other means. At least 65% of the original ground cover must remain undisturbed during the establishment, alteration or maintenance the property.
[b]
No more than 50% of the required minimum lot area of proposed lots, as established by the underlying zoning district regulations may be comprised of steep slope areas.
[c]
No grading, filling or other alteration of the original undisturbed slopes on a property may be performed with the intent to circumvent the provisions of this section. Unauthorized grading performed within a steep slope area in order to circumvent these regulations shall be considered a violation of this chapter.
[d]
All subdivision and land development plans shall include a delineation of the steep slope areas, as defined herein. This information may be shown on a sheet not being recorded with the final plan.
[e]
The final plan shall be recorded with a steep slope easement. The easement shall be comprised of at least 65% of the total existing area and located within the original boundaries of the steep slope area. Allocation of the easement should be made as evenly as possible throughout the lots to allow each lot adequate room for additional grading, accessory structures, etc.
[f]
The final plan shall note that no structures shall be located within the easement; and that no excavation, grading, filling or other disturbance of the existing ground cover is permitted within the easement.
(f)
Significant natural areas and features. Natural areas containing rare or endangered plants and animals, as well as other features of natural significance exist throughout the Township. Some of these have been carefully documented (e.g., by the Statewide Natural Diversity Inventory), whereas for others, only the general locations are known. Subdivision applicants shall take all reasonable measures to protect significant natural areas and features either identified by the Township Map of Potential Conservation Lands or by the applicant's existing resources and site analysis plan by incorporating them into proposed conservation open space areas or avoiding their disturbance in areas proposed for development.
(7)
Historic structures and sites. Plans requiring subdivision and land development approval shall be designed to protect existing historic resources. The protection of an existing historic resource shall include the conservation of the landscape immediately associated with, and significant to, that resource, to preserve its historic context. Where, in the opinion of the Commission, a plan will have an impact upon an historic resource, the Developer shall mitigate that impact to the satisfaction of the Commission by modifying the design, relocating proposed lot lines, providing landscape buffers, or other approved means. Township participation, review and approval of the applicant's interaction with the State Historical and Museum Commission with regard to the preservation of historic resources, as required for PA DEP approval of proposed sewage disposal systems, shall be required prior to preliminary plan approval.
(8)
Scenic viewsheds. The Township has identified a number of scenic viewsheds in the regional recreation and open space plan. All applications for subdivision and land development shall attempt to preserve the viewsheds by incorporating them into conservation open space or otherwise providing for building setbacks and architectural designs to minimize their intrusion. In instances where such designs fail to satisfactorily protect viewsheds, applicants will be required to provide landscape buffers to minimize their adverse visual impacts. The buffers shall be provided in accord with Chapter 470, Zoning, and Township landscaping requirements.
(9)
Trails. When pedestrian and/or equestrian trails are proposed as part of a subdivision or land development the following shall apply:
(a)
When trails are intended for public or private use, they shall be protected by a permanent conservation easement on the properties on which they are located. The width of the protected area in which the trail is located should be a minimum of 10 feet. The language of the conservation easement shall be to the satisfaction of the Board of Commissioners upon recommendation of the Township Solicitor.
(b)
The land area permanently designated for trails for public use may be credited toward the conservation open space requirement of Chapter 470, Zoning.
(c)
An applicant may propose and develop a new trail. If said trail is available for use by the general public and connects with an existing trail, the land area protected for said trail may be credited toward the conservation open space requirement of Chapter 470, Zoning.
(d)
Trails shall have a vertical clearance of no less than 10 feet.
(e)
Width of the trail surface may vary depending upon type of use to be accommodated, but in no case shall be less than three feet or greater than six feet.
(f)
No trail shall be designed with the intent to accommodate motorized vehicles.
(10)
Boundary lines and reserve strips. Lot lines should follow municipal and county boundary lines, rather than cross them. Reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands are prohibited.
(11)
Water frontage and surface drainage. The damming, filling, relocating, or otherwise interfering with the natural flow of surface water along any surface water drainage channel or natural watercourse shall not be permitted except with approval of the Township, and, where required by state statute, the PA DEP, or other applicable state agencies stormwater management shall be provided in accord with Township stormwater regulations.
(12)
Community facilities and adopted plan requirements. Where a proposed park, playground, school, or other public use is shown in an adopted plan of the Township and is located in whole or in part in a proposed development, the Board of Commissioners may require the reservation of such area provided that such reservation is acceptable to the developer.
(13)
Walkways. Pedestrian interior walks may be required, where necessary, to assist circulation or provide access to community facilities (e.g., a park or school).
(14)
Storm drainage. Lots and/or parcels shall be laid out and graded to provide positive drainage away from buildings and to prevent damage to neighboring lots, tracts, or parcels. Stormwater management shall be provided in accord with Township stormwater regulations.
B.
Planned improvements. Physical improvements to the property being subdivided and/or developed shall be provided, constructed and installed as shown on the approved plan.
C.
Improvements specifications. All improvements installed by the Developer shall be constructed in accordance with the design specifications and construction standards of the Township and advice of the Township Engineer.
(1)
Where there are no applicable Township specifications, improvements shall, if approved by the Board of Commissioners, be constructed in accordance with specifications furnished by the Township Engineer, Monroe County Conservation District, Pennsylvania Department of Transportation, Pennsylvania Department of Environmental Protection, Bureau of Forestry or such other county, state or federal agency as may be applicable.
(2)
If there are no applicable Township or state specifications, the Board of Commissioners may authorize that such specifications be prepared by the Township Engineer or an Engineering Consultant.
D.
Other ordinances. Whenever other Township ordinances and/or regulations impose more restrictive standards and requirements than those contained herein, such other ordinances and/or regulations shall be observed, otherwise, the standards and requirements of this chapter shall apply.













