Township of Nottingham, PA Design Standards and Required Improvements

Before considering requests for waivers or modifications of standards or requirements contained in this article that will reduce the attainment of the goals listed in § 360-22, the Township may require the applicant to prepare alternative development plans which more nearly meet the requirements of this chapter. Such alternative plans may include a reduction in the otherwise allowable density or intensity of development on the total site. The original plan shall be approved only if the applicant demonstrates to the satisfaction of the Township that an alternative plan is not practical or feasible.

These design standards and requirements may be altered by the Township governing body for the purpose of achieving economy and ingenuity in design in accordance with modern and evolving principles of site planning and development upon presentation of evidence that the intent of such standards and requirements shall be substantially achieved.

Comprehensive Plans. Consideration shall be given to applicable provisions of the Township Comprehensive Plan, the Washington County Planning Commission's Comprehensive Plan for Washington County, emphasizing future school sites, recreation sites, water supply and sewage treatment systems, highway alignments, and other public facilities. However, consideration must be given to the need for the facilities and utilities mentioned above whether or not they are proposed as part of a Comprehensive Plan.

Existing development. The development of the proposed subdivision shall be coordinated with adjacent existing development so that the area, as a whole, may develop harmoniously.

§ 360-22 General goals for design and development.

Subdivisions and land developments shall be designed to achieve the major goals or outcomes that are listed in this section.

Minimize damage to the environment. All subdivisions and land developments shall be designed to minimize environmental damage by carefully fitting the subdivision or development to the natural environment of the site.

Minimize grading. The layout of streets and building sites or lots shall be accomplished with as little disturbance of the land as possible. Streets should generally follow contours and minimize both cutting and filling.

Protect steep slopes. Wooded hillsides are important environmental and aesthetic resources. Development shall be located to minimize disturbance of steeply sloped areas and to preserve the visual character of wooded hillsides.

Protect watercourses and wetlands. Watercourses are the natural drainage ways for the conveyance of surface waters, including runoff. Streams, land bordering streams, and wetlands provide habitat for aquatic and terrestrial plants and animals and may function as wildlife corridors. The larger streams are primary elements of the visual character of the Township and are resources for recreation and domestic water supply. Development shall be designed to minimize disturbance of watercourses and wetlands so that they can continue to serve all of these functions.

Protect other identified natural resources. Special care must be taken in the design and construction of subdivisions and land developments to protect habitats in which rare or endangered plants or animals are found and other ecologically important sites.

Protect historic, architectural, and archeological resources. Sites containing structures of historic or architectural significance should be designed to preserve and reuse such structures. Archeological resources must be protected in accordance with applicable state regulations.

Avoid hazardous development. Where hazardous or potentially hazardous features are present on proposed development sites, the designs of subdivisions and land developments shall consider such features. Extra precautions shall be required to ensure that development will be safe and that the public health and welfare will be protected.

Landslide-prone areas. In areas where soils or underlying geology may be unstable, geotechnical investigation shall be required to ensure the safety of any proposed disturbance.

Undermined areas. In areas where mining has occurred in the past, subsidence risk assessments may be required to establish that proposed development will be safe.

Floodplain areas. In identified floodplain areas, new development shall be in accordance with Chapter 207, Floodplain Management.

Contaminated sites. In order to protect the public health, no subdivision or land development in areas which may have been contaminated by former industrial or other uses shall be approved unless the site has been made safe for development. Development of contaminated sites shall be limited to uses which will not pose health risks for site occupants.

The general layout of subdivisions and land developments should respect the natural resources of the site, the character of the surrounding area, and be suitable for the intended uses. The design of blocks and lots shall comply with the requirements of Chapter 425, Zoning, and shall provide suitable sites for buildings. The design of subdivisions and land developments shall consider the topography and other natural features of the site, requirements for safe and convenient pedestrian and vehicular circulation, and the character of surrounding development. Subdivisions and land developments should be compatible with municipal, county, and regional comprehensive plans and components thereof. For larger residential developments, use of the planned residential development provisions is encouraged to accomplish this goal.

Provide a full range of improvements in subdivisions and land developments as required to ensure the public health, safety, and welfare and the creation of desirable communities for living, working, and recreation.

Water. A safe and sufficient supply of potable water shall be provided for every subdivision and land development. New development shall not degrade the quality of potable water supplies.

Sanitary sewage facilities. Sanitary sewage facilities shall be provided in accordance with applicable regulations of the commonwealth.

Stormwater management. Every subdivision and land development shall manage stormwater flows in accordance with the Pennsylvania Storm Water Management Act,[1] as well as the Nottingham Township Code of Ordinances.

Editor's Note: See 32 P.S. § 680.1 et seq.

Other public utilities. Other public utilities shall be provided or available to every subdivision and land development, including electricity, telephone, and, where accessible, natural gas and cable TV.

Transportation facilities. The design and construction of subdivisions and land developments shall include transportation facilities that will provide access to all lots, buildings, and to open spaces intended for use by people. Transportation facilities that are developed in subdivisions and land developments shall be designed as parts of the larger system of transportation facilities which serve the community. Transportation facilities of the community include streets, public transit facilities, such as passenger waiting areas and shelters, and park and ride lots, sidewalks, bikeways, and multipurpose trails for nonmotorized transportation.

Land development shall include landscaping. Land development shall include landscaping which is designed to improve community appearance, to contribute to the environmental quality and livability on new development areas, to mitigate the negative impacts of development upon other areas of the community, and to enhance the natural features of the site. Uses and structures shall be sited to minimize adverse impacts from or upon adjoining uses.

§ 360-23 Application.

The design standards and requirements outlined in this article will be utilized by the Township Planning Commission and governing body in determining the adequacy of all plans for proposed subdivisions and land developments.

Development shall be planned, reviewed, and carried out in conformance with all municipal, state, and other applicable laws and regulations.

Wherever other Township ordinances or regulations impose more restrictive standards and requirements than those contained herein, such other regulations shall be observed.

§ 360-24 Grading.

Purpose.

The purpose of these standards is to ensure public health, safety, and welfare and to protect property by preventing rock and soil slippage, loss and degradation of natural drainageways, increased soil erosion and sedimentation, and other soil- and water-management-related problems.

To establish performance standards which ensure land use practices respectful of the natural topography and capabilities of the land.

To encourage maximum retention of natural topography and vegetative features on hillsides.

To prevent earthflow and rockfall landslides.

To encourage imaginative and innovative site development and building design that adapts to and takes advantage of the best use of the natural terrain.

Authority. The Nottingham Township Board of Supervisors shall designate the Zoning Officer or his authorized representative for review, approval and granting of grading permits and to make inspections of the grading work.

Permit.

A separate grading permit shall be required for each site. One permit shall cover all grading, excavation, and any fills made on the same site.

Only one permit shall be required for the grading of a large continuous parcel of land for a major planned development, such as a planned subdivision or a land development, when the standards for grading of the entire parcel are satisfactory to and approved by the Zoning Officer or his authorized representative.

An approved site plan, a building permit or both are prerequisite to the granting of any grading permit.

Minimum requirements. A grading permit shall be required for an activity that exceeds one or all of the following:

An excavation which exceeds three feet average in vertical depth.

A fill which exceeds 500 cubic yards of material on any one site.

Fill which is intended to support structures and/or covers an area of more than 5,000 square feet.

Exceptions. A grading permit shall not be required for any of the following:

An excavation below finished grade for basements and footings of a building, swimming pool or underground structure authorized by a building permit and an excavation of a driveway between a building site and the street. This subsection shall not be deemed to nullify the application of this chapter, or any requirement for obtaining a grading permit, with respect to any fill made with the material from such an excavation unless otherwise excused by Subsection E(2) and (3) of this section.

Soil excavated under the authorization of a properly issued building permit which is temporarily stockpiled on the same site as the excavation. If, however, excavated material is stockpiled on a site for a period of longer than 120 days, then a permit shall be necessary when disposing of the fill material.

A building site improved under authorization of a properly issued building permit, where the maximum natural gradient between property lines or the maximum excavation or fill do not exceed the grades or quantities set forth in the following table:

1-Family House Site Area of Lot (Square Feet)	Maximum Gradient Without Permit
Less than 10,000	20 in 100 feet
10,000 to 24,000	25 in 100 feet
24,000 to 44,000	25 in 100 feet
Over 44,000	30 in 100 feet

Exploratory excavations under the direction of a soils engineer or engineering geologist.

Excavations for wells, tunnels, public utilities or cemetery graves.

A permit shall not be required for work performed by the Township, or of contractors employed by the Township, in a public street or alley, Township park, playground or recreation area or on other Township property.

Grading permit application procedures.

Every applicant for a grading permit shall file a written application, plans, specifications and a soil conservation report therefor with the Zoning Officer or his authorized representative in a form prescribed by the Zoning Officer or his authorized representative. The application shall indicate that the proposed grading is to be regular grading or engineered grading and shall:

Describe the land on which the proposed work is to be done by lot, block, tract and street address, or similar description which will readily identify and definitively locate the proposed work.

State the estimated dates for the starting and completion of grading work.

State the purpose for which the grading application is filed.

State whether or not a building, structure or other improvement, the construction of which will require a building permit pursuant to the provisions of the Building Code, is intended to be erected on the land on which the grading is to be done.

The plans and specifications shall accurately portray and describe the site and proposed soil erosion controls. Plans shall be submitted in triplicate, one set of which shall be of a reproducible nature, and shall include:

The name of the applicant.

The name of the owner of the land.

The permission and approval of the owner of the property or the applicant or an agent or tenant.

Accurate location by lot, block, tract, street address, a location map or other similar information.

A contour map showing the present contours of the land and the proposed contours after completion of the proposed grading at two-foot intervals where the average slope is 10% or less and at five-foot intervals where the average slope exceeds 10%.

(f)

Cross sections of the proposed cut or fill on fifty-foot intervals, which show the method of benching, both cut and/or fill; provided, however, that there shall not be less than two cross sections for each site.

(g)

A plot plan showing the location of the grading boundaries, lot lines, neighboring streets, or ways, buildings, surface and subsurface utilities and waterways, drainage patterns, and sufficient dimensions and other data to show all work.

(h)

A description of the type and classification of the soil from the soil survey, other standard surveys, or from other methods.

(i)

All plans shall comply with Chapter 340, Stormwater Management, of the Nottingham Township Code of Ordinances.

(j)

Seeding locations and schedules, debris basins, diversion channels.

(k)

The nature of fill material and such other information as the Zoning Officer or his authorized representative may require to carry out the purpose of this chapter.

(l)

The name and seal of the professional engineer who prepared said plans, except that the Zoning Officer or his authorized representative may waive the preparation or approval and signature by the professional engineer, an architect, or a landscape architect, only when it is self-evident that the proposed work is simple, clearly shown on the plans submitted, creates no potential nuisance to the adjacent property or hazardous conditions and does not include the construction of a fill on landslide-prone soils or upon which a structure may be erected.

A soil conservation report shall be required and include existing site description of the topography, drainage, cover and soils; major problems such as soil limitations, erosions and sediment potential and surface runoff changes; and recommendations to minimize soil limitations, erosion and sediment and surface water disposal problems.

Trees and natural ground cover shall be retained wherever possible to minimize the impact of the development on the site and environment.

Provisions of the most current subdivision and land development and the stormwater management ordinances are incorporated herein by reference.

An erosion and sedimentation control plan in accordance with Pennsylvania Department of Environmental Protection requirements must be submitted.

Responsibility of Zoning Officer or his authorized representative.

The Zoning Officer or his authorized representative shall require that a geotechnical engineering report be submitted by the applicant if the site is, has been, or is likely to become hazardous to persons or property. Toe overlay maps, such as the Coal Resource Maps prepared by USGS, 1975, for the Greater Pittsburgh Region, shall be used to locate hazardous areas. The report shall contain a detailed description of the geological conditions of the site and shall include conclusions and recommendations that will demonstrate the relationship of the geological conditions to the proposed development, including hazardous conditions, water resources, mineral resources and environmental impact.

In special cases, when grading occurs in areas of landslide-prone soil, or rockfall-prone areas as recognized by the soil survey, or other standard surveys, the Zoning Officer or his authorized representative may require special precautions prior to issuing a permit from the applicant. The results of all soil tests and core borings made relative to the site shall be submitted to the Zoning Officer or his authorized representative.

The Zoning Officer or his authorized representative may deny a grading permit if the use of land to be graded, either excavation or filling, is not specifically known except for the intent of improving the site. The Zoning Officer or his authorized representative shall review the application, plans, specifications and reports and determine whether the project will improve the site, is in the best interest of the Township, and is not detrimental to the environment.

The Zoning Officer or his authorized representative may waive the requirement of any or all plans and specifications listed in this chapter if he finds that the information on the application is sufficient to show that the work will conform to the provisions of this chapter.

Expiration of grading permit. Every grading permit shall expire and become null and void if the work authorized by said permit has not been commenced within 120 days or is not completed within one year from the date of issue, provided that the Zoning Officer or his authorized representative may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work from being started or completed within the specified time limits, grant a reasonable extension of time, and provided further that the application for the extension of time is made before the date of expiration of the permit.

Denial of grading permit.

If the Zoning Officer or his authorized representative determines that the work proposed by the applicant is likely to endanger any property or person, or any street or alley, or create hazardous conditions, the grading permit shall be denied. In determining whether proposed work is likely to endanger property or streets or alleys, or create hazardous conditions, the Zoning Officer or his authorized representative shall, consider, among other relevant factors, the following: possible saturation by rains, earth movements, surface water runoff, and subsurface conditions such as the stratification and faulting of rock, aquifers, mine conditions, springs and the nature and type of the soil or rock.

Any person who is aggrieved by the application of the provisions of this chapter may, within 15 days from the date of denial of the permit or such other adverse determination by the Zoning Officer or his authorized representative, file a written appeal therefrom to the Zoning Hearing Board.

Inspections.

The Zoning Officer or his authorized representative shall make the inspections required and shall either approve that portion of the work which has been completed or notify the permit holder wherein the same fails to comply with provisions of this chapter.

Grading and drainage plans approved by the Zoning Officer or his authorized representative shall be maintained at the site during the progress of the grading and drainage and until the work has been approved.

The permit holder shall submit to the Zoning Officer or his authorized representative an as-built drawing of the project before the issuance of a grading certificate of completion.

The permit holder shall notify the Zoning Officer or his authorized representative in order to obtain inspections in accordance with the following schedule, and such notification shall be made by the permit holder at least 48 hours before the inspection is made:

Initial inspection. When work is about to be commenced and stakeout is completed.

Rough grading. When all rough grading has been completed.

Drainage facilities.

All drainage facilities that connect to or shall become public drainage facilities shall be continuously inspected during construction.

Other drainage facilities shall be inspected before such facilities are backfilled.

Additional inspection. When, in the opinion of the Zoning Officer or his authorized representative, other inspections are necessary.

Final inspection. When all work, including the installation of all drainage, landscaping and other structures, has been completed.

If at any stage of the work the Zoning Officer or his authorized representative shall determine by inspection that the nature of this excavation or fill is such that further work as authorized by an existing permit is likely to endanger any property, or streets, or alleys, or create hazardous conditions, the Zoning Officer or his authorized representative may require, as a condition to allowing the work to be done, that such reasonable safety precautions be taken as the Zoning Officer or his authorized representative considers acceptable to avoid such likelihood of danger.

Maintenance.

The owner of any property on which an excavation or fill has been made shall maintain in good condition and repair the excavation or fill permitted, and also all retaining walls, cribbing, drainage structures, fences, ground cover, and other protective devices as may be a part of the permit requirements.

The continued use of said area shall be contingent upon the proper maintenance and upkeep of all the above-mentioned items, satisfactory to the Township and subject to such further conditions as the Township may prescribe from time to time to keep the site in proper condition.

The grading certificate of completion may be revoked by the Zoning Officer or his authorized representative, where the conditions of the permit are not being observed, the work covered by the permit has been materially extended or altered without a permit to do so, or conditions exist which prejudice the health, safety and welfare of any person, persons or property. Before such revocation, the Zoning Officer or his authorized representative shall first give written notice to the permit holder and to the owner of the property involved, specifying the defect or unsatisfactory condition involved, and advising that, unless such defect or unsatisfactory condition is remedied, the certificate shall be revoked. If the defect or unsatisfactory condition is remedied within 30 days of notice to the permit holder to correct same, the certificate shall not be revoked.

If the permit holder shall fail to correct such defect or unsatisfactory condition within such thirty-day period, the Township may undertake the necessary work, and the cost thereof shall be borne by the permit holder and collected in any manner authorized by law, including the imposition of a lien against the property.

Hazardous and nuisance conditions.

If the Zoning Officer or his authorized representative determines that any existing excavation, embankment or fill has become a hazard, as defined in this chapter, the owner of the property upon which the grading is located, or other person or agency in control of said property, upon receipt of notice, in writing, from the Zoning Officer or his authorized representative, shall, within the time specified in such notice, repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard.

If the permit holder shall fail to correct such hazardous or unsatisfactory condition within the specified time period, the Township may undertake the necessary work, and the costs thereof shall be borne by the permit holder and collected in any manner authorized by law, including an imposition of a lien against the property.

Any excavation not completed within 365 days from the date of initial grading shall constitute a nuisance and a hazard.

The property owner shall restore, repair, reconstruct or remove such excavation, embankment or fill as directed by the Zoning Officer or his authorized representative within 30 days of receipt of said written notice.

General standards for grading.

No grading, stripping of topsoil, excavation, or any other land disturbance activity which changes the existing contours of the land; and no clearing, grubbing, or any other activity which results in the removal of existing vegetation (other than the removal of dead or diseased plant material, agricultural activities or logging) shall be permitted before the final land development plan has been approved. However, a disturbance of one acre or less for construction or landscaping of an individual single-family dwelling or structure accessory thereto shall be exempt from this standard.

Grading shall be limited to the minimum area necessary to provide for buildings, streets, utilities, and other facilities shown on the approved land development plan.

Grading in areas susceptible to landslides, subsidence, or flooding, on steep slopes, or in wetlands shall comply with the additional provisions of § 360-25, Protection of steep slopes; § 360-26, Protection of watercourses and wetlands; and § 360-29, Avoidance of hazardous development.

A soil erosion and sedimentation control plan shall be prepared in accordance with the standards and specifications of the County Conservation District as described in the "Erosion and Sedimentation Control Handbook" and approved by the County Conservation District prior to the commencement of any grading or other regulated earth disturbance activity, unless the County Conservation District determines that a soil erosion and sedimentation control plan is not required.

The applicant shall be responsible for protecting adjacent and downstream properties from any damage which occurs as a result of earth disturbance on the development site. Such protection shall include cleaning up and restoring to their original condition any adjacent and downstream properties adversely affected by silt, debris, flooding, or other damage resulting from the earth disturbance activity.

The top and bottom edges of cut or fill slopes shall be kept back from property or right-of-way lines at a distance of three feet plus 1/5 the height of the cut or fill, which total distance need not exceed 10 feet.

Topsoil stripped from the site in preparation for earthmoving activities shall be stockpiled and replaced on the site over all regraded, nondeveloped areas, at a minimum depth of four inches.

(8)

Fill areas shall be prepared by removing organic material, such as vegetation and rubbish, and any other material determined by the engineer to prevent proper compaction and stability.

(9)

Proposed grading shall be accomplished so that existing stormwater runoff flows are neither increased from predevelopment rates nor concentrated at the point of release onto abutting properties.

(10)

Maximum steepness of graded slopes shall be no greater than two horizontal to one vertical, except under the following conditions:

Where the height of a proposed slope will not exceed 10 feet, then a maximum slope steepness of 1:1 may be allowed where soil conditions permit as verified by a competent geotechnical engineer and where doing so will help to preserve existing vegetation or other significant natural features. The cut or fill shall be located so that a line having a slope of two horizontal to one vertical and passing through any portion of the slope face will be entirely inside the property lines of the proposed development.

Where a retaining wall, designed and sealed by an engineer, is constructed to support the face of the slope.

(11)

Excavation adjacent to any building foundation walls, footings, or structures shall not extend beyond the angle of repose or natural slope of the soil under the nearest point of same unless the footings, foundations, or structures have been sufficiently underpinned or otherwise protected against settlement.

(12)

Graded slopes of 20 or more feet in height shall be benched every 12 feet. Benches shall have a minimum width of six feet and a maximum slope of 5%. Benches shall be planted with trees at a rate of one tree per 30 linear feet of bench. Trees shall have a minimum caliper, or thickness, of 1.5 inches diameter at breast height (DBH). Species of trees may be mixed, but shall consist of hardy native species. New plantings which die or become diseased or damaged shall be replaced.

(13)

During grading operations, acceptable measures for dust control will be exercised.

(14)

All public utilities and roadways shall be protected in the design of, and during the grading operation. Construction equipment shall not be operated on public roads without the placement of protective mats. Aggregate driveway or roadway surfaces shall be provided to prevent tracking of dirt and mud onto the public roadways.

(15)

All soil washed or carried onto public streets during grading operations shall be cleaned up as it accumulates. The owner of the property being graded shall be responsible to protect and clean up lower properties of silt and debris which have washed down into the lower properties as a result of the grading work on higher property.

(16)

None of the work or activity covered by a grading permit shall be conducted on a Sunday or legal holidays without the approval from the Zoning Officer or his authorized representative.

(17)

All of the work and activity covered by a grading permit shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., prevailing times, unless these time limits are extended, excused or otherwise modified by the Zoning Officer or his authorized representative.

(18)

Grading equipment will not be allowed to cross live streams. Provision will be made for the installation of culverts or bridges for such crossings. Permits shall be obtained from the Pennsylvania Department of Environmental Protection for temporary and permanent encroachments, reallocations, enclosures and temporary crossings of streams.

(19)

All topsoil shall be removed from the area to be graded and stockpiled and preserved for possible reuse on the site.

Floodplain management. All grading work within designated or known floodplains shall conform to the requirements and standards of Chapter 207, Floodplain Management, of the Nottingham Township Code of Ordinances.

§ 360-25 Protection of steep slopes.

Purpose. This section is intended to protect the steepest slopes which are considered natural and scenic resources from development.

Limitations on disturbance. The following standards shall apply to all grading and disturbance of land with slopes of 25% or greater. If any of the delineated steep slope areas include soils or geologic features which indicate possible instability, the additional standards contained in Article III, § 360-29, Avoidance of hazardous development, shall apply.

Slopes between 16% and 25%. No more than 25% of slope areas with existing grades between 16% and 25% shall be stripped of vegetation or disturbed through grading.

Slopes exceeding 25%. No development or disturbance shall be allowed on slopes exceeding 25%. Very limited disturbance for utilities may be allowed if the applicant demonstrates that no feasible alternative location exists.

§ 360-26 Protection of watercourses and wetlands.

Purpose. The regulations contained in this section are intended to promote the public health, safety, and welfare by ensuring that watercourses and wetlands will be preserved in or restored to their natural condition so that they may convey and store water, provide habitat for flora and fauna, and serve as recreational and aesthetic resources.

Setback or open space easement required. No grading, cutting, filling, removal of vegetation, or other disturbance of land shall be permitted within 50 feet from the top of the bank of any watercourse or from the edge of a wetland.

Minor earth disturbance and construction within the area of the required setback or easement, required for development in other areas of the site, may be allowed in accordance with all regulations of the Department of Environmental Protection (DEP) and Chapter 207, Floodplain Management, where applicable.

Construction may also be allowed within the required setback area of watercourses to enable the development of uses that require proximity or access to the watercourse, in accordance with applicable federal, DEP, and Township regulations.

In planned residential developments and in larger subdivisions and land developments, the required setback area should be integrated into a system of public or common open space. In smaller subdivisions and land developments, the preservation of these open space areas shall be ensured through recorded easements, deed restrictions, or other means acceptable to the Township.

Where the required setback or easement would render a site unusable under Chapter 425, Zoning, because of the limited size or dimensions of a parcel of land prior to its subdivision, the Township may reduce the depth of the setback to not less than 25 feet along a watercourse or wetland edge. Any reduction in depth of setback which may be allowed by the Township does not supersede any requirement for a greater setback imposed by federal, state, or Township regulations.

Alteration of drainage. When a proposed subdivision or land development encompasses or adjoins a watercourse or wetland, the design of the proposed development shall ensure that site drainage is not altered in ways that will reduce the ability of any watercourse or wetland to support the vegetation and animal life that characterized the area before development.

§ 360-27 Protection of significant natural areas.

County natural heritage inventory. Every subdivision and land development site plan shall consider, protect, and, to the maximum extent feasible, ensure the preservation of the natural areas and resources that are identified in the Washington County Natural Heritage Inventory, January 1994, prepared by the Western Pennsylvania Conservancy, as amended.

Protected resources. Where a proposed subdivision or land development includes an identified natural feature, such as a rare or endangered species, which is regulated by municipal, state, or federal law, the applicant shall provide evidence of compliance with any applicable regulation.

Unprotected resources. Where proposed development sites include identified natural resources that are not protected or regulated by Township, state, or federal law, the development plan shall incorporate preservation of the feature as an element in the site design.

§ 360-28 Preservation of historic, architectural, and archeological resources.

Identification of resources. Structures of known historic or architectural significance and locations of known or probable archeological sites shall be identified on the existing conditions map and described in the preliminary application materials.

Notification to the Pennsylvania Historical and Museum Commission (PHMC). Where the presence of such features is known or suspected, or where required by DEP or another permitting agency, the applicant shall notify the PHMC of the proposed subdivision or land development and request a determination concerning the presence of significant resources from the PHMC.

A copy of the notification to the PHMC shall be submitted with the application for preliminary approval.

The Township shall condition preliminary approval upon the applicant's receipt from the PHMC of a determination that:

No significant resources are present on the site or that the proposed subdivision or land development will not adversely impact resources that may be present; or

Significant resources are present or likely to be present on the site; together with an approved plan or program for the mitigation of any adverse impacts of the proposed subdivision or land development upon the historic or archeological resource.

A copy of the required determination by the PHMC shall be submitted with an application for final approval, and no subdivision or land development requiring such a determination shall be finally approved without it.

§ 360-29 Avoidance of hazardous development.

Landslide-prone areas. No grading, removal of vegetation, construction, or other disturbance shall be permitted on soils that are classified as slide-prone or unstable in the Soil Survey of Washington County, on any land that is delineated as unstable on the Landslide Susceptibility Map of Washington County, or on any other areas of a proposed development site that exhibit signs of instability, except in accordance with the provisions of this section.

Unstable areas of a site may be set aside as common or private open space.

Limited disturbance of unstable areas may be allowed if the applicant demonstrates to the satisfaction of the Township that the proposed disturbance will not cause sliding or movement or any unsafe condition either on the development site or on any property adjacent to it.

Evidence of the safety of any proposed disturbance shall require site investigation and certification, in writing, by an engineer with experience in soils engineering or engineering geologist that the proposed activity will not create or exacerbate unsafe conditions.

Undermined areas. No land development involving construction of buildings and no subdivision of land intended to create lots for building construction shall be approved on a site which has been undermined at shallow depths, noted as those areas area with less than 100 feet of overburden, or in an area where there is evidence of past subsidence, unless the applicant demonstrates that the proposed subdivision or land development will be safe and will not create hazards for adjacent properties. Evidence of safety shall be one of the following:

If the site or any area of the site has been undermined and has 100 feet or less of overburden, evidence of the safety of the proposed subdivision or land development shall require site investigation and verification, in writing, by an engineer experienced in subsidence risk assessment, that the proposed development will be safe.

If the site has been undermined at a depth exceeding 100 feet of overburden, a subsidence risk assessment by an engineer and written certification that the proposed subdivision or land development will be safe may be required if the Township or applicant has knowledge of any past occurrences of subsidence in the general vicinity of the site.

Floodplain areas. To the maximum extent feasible, land development should not be undertaken in identified floodplain areas; however, where development is necessary in an identified floodplain area, the following shall apply:

All construction and development shall comply with the Nottingham Township Code of Ordinances Chapter 207, Floodplain Management, and with the minimum requirements of the Pennsylvania Department of Environmental Protection; and

Construction in the floodway portion of an identified floodplain area shall comply with Pennsylvania Department of Environmental Protection regulations.

Contaminated sites. The Township shall not approve the subdivision or development of land which is known to contain substances which are classified as hazardous, unless the site has been made safe for the proposed development.

A contaminated site shall be considered safe for subdivision or development when a remediation plan has been completed and approved by DEP.

The subdivision of contaminated land, not including any development or earth disturbance, may be approved prior to remediation if a notation approved by the Township is placed on the recorded plan, which indicates that the site or specified lots within the site contain or may contain hazardous substances.

§ 360-30 General layout of subdivisions and land developments.

Lots.

Land shall be suited to the purpose for which it is to be subdivided whether for residential, business or industrial use as established by Chapter 425, Zoning.

The lot arrangement and design shall be such that all lots will provide building sites, accessible driveways, and usable yards and open space areas with the minimum possible disturbance to the site.

All side lines of lots shall be at approximate right angles to straight street lines and radial to curved street lines except where a variation to this rule will provide a better street and lot layout. Lots with double frontage shall be avoided except where they back up to an arterial or collector street.

Lots shall be laid out so as to provide positive drainage away from buildings, water wells and sewage disposal fields when developed.

Where possible, every lot shall abut on an arterial street.

If remnants of land exist after subdividing, they shall be suitably incorporated in existing or proposed lots, or they may be dedicated to public use if acceptable for such public use.

Lots shall meet the minimum area, yard, and dimensional requirements of Chapter 425, Zoning. Land developments shall meet the minimum area, yard, dimensional, lot coverage, density, and bulk requirements of Chapter 425.

Where feasible, lot lines shall follow Township boundaries rather than cross the Township lines, in order to avoid jurisdiction problems.

The depth of residential lots shall be not less than one or more than three times their width.

§ 360-31 Landscaping.

Purpose. The standards contained in this section are intended to promote public health, safety, and welfare by filtering noise, softening or diverting light and glare, modifying microclimatic conditions, such as wind and heat, reducing stormwater runoff and air pollution, and controlling traffic hazards. The standards contained in this section are also intended to increase the value to the community from new developments by recognizing the role that landscaping plays in overall community appearance and livability.

General requirements. In general, all areas of a site proposed for development shall be landscaped with trees, shrubs, ground covers, grasses, and other herbaceous plants, except for those areas which are occupied by buildings and other structures and facilities or are paved.

Landscaping defined. Landscaping shall be understood to include the provision of street trees, buffer yards, replacement woodlands, and other new planted areas, as well as the provision of undisturbed ground, where such is fully integrated into the design and layout of the subdivision or land development and preserves existing natural features of the site.

Street trees. Street trees shall be optional improvements; however, when street trees are provided in new residential and nonresidential developments, they shall be provided in accordance with the following standards:

Street trees shall be provided along the entire length of the street right-of-way and on both sides of the street, if the street lies within the development.

Street trees shall be located between the right-of-way and the front building line.

Street trees shall be located to enable the maintenance of utilities, required sight distances, and visibility of street and traffic signs.

The species chosen shall be appropriate to the location. Factors such as microclimate, soils, habit of growth, salt and disease tolerance, proximity of sidewalks, overhead utility lines, and special conditions (likelihood of soil compaction, damage from air pollution, dogs, deer, etc.) shall be considered.

Street trees shall have the following minimum calipers at the time of planting:

Large trees, defined as those trees whose ultimate height will exceed 40 feet, shall have a minimum caliper of 2.5 to 3.0 inches DBH.

Medium trees, defined as those trees with an ultimate height of 25 to 40 feet, shall have a minimum caliper of 2.0 to 2.5 inches DBH.

Small trees, defined as those trees whose ultimate height will not exceed 25 feet, shall have a minimum caliper of 1.5 to 2.0 inches DBH.

Street trees shall be spaced with regard to the ultimate spread of the fully developed canopy. Spacing requirements are as follows:

Large and medium trees shall be spaced at a maximum distance not to exceed the average spread of the fully developed canopy plus five feet.

Small trees shall be spaced a maximum distance of 25 feet on center.

Mature trees, woodlands, or other high quality existing vegetation, which remains undisturbed adjacent to the street right-of-way may be used in place of or in conjunction with the requirements of this section.

Landscaping and screening of parking areas. All new parking areas that have five or more parking spaces, or any existing parking area that will be expanded by five or more parking spaces, shall be landscaped in accordance with the following provisions:

Perimeter landscaping. Where the parking area is adjacent to any public street, walk, right-of-way or where Chapter 425, Zoning, requires parking area screening, the perimeter of the parking lot shall be landscaped. Such landscaping shall be in addition to any required buffer yard or street trees and shall be provided in accordance the following criteria:

The landscaped area shall be at least 15 feet wide.

The landscaped area shall be planted with at least one large or medium tree, or two small trees, per five adjacent parking spaces, and sufficient shrubs to form a hedge or screen. The height of hedges and screens at the time of planting shall not be less than 2.5 feet.

The caliper and spacing of all new trees shall be as in Subsection D(5) and (6) of this section.

Masonry walls, fencing, berms, or a combination thereof may also be used. Walls, fences, and berms adjacent to neighboring properties shall have a minimum height of four feet. The height of walls, fences, berms, and hedges adjacent to public streets, walks, and rights-of-way may be reduced in areas where public safety is a concern. All berms shall have a maximum slope of 33%, and shall be completely covered with shrubs, grasses, or other plant material. Walls or solid fencing shall be planted with at least one shrub or vine per 10 linear feet of wall. Nonsolid fencing shall be planted with at least three shrubs or vines per 12 linear feet.

Mature trees, woodlands, or other high quality existing vegetation, which remains undisturbed between the parking area and the right-of-way or adjoining properties, may be used to satisfy the requirements of this section. New shrubs or trees may be added as needed to help provide an effective screen.

Landscaping in interior areas. Landscaping in the interior of parking areas shall be designed to provide visual and climatic relief from large expanses of paving, and to channelize and define areas for safe pedestrian and vehicular circulation. Landscaping in the interior of parking areas containing more than 30 parking spaces shall be required.

At least 7% of any parking lot containing more than 30 parking spaces shall be landscaped.

At least one large tree and three shrubs, or one medium tree, one small tree, and three shrubs shall be planted per 10 parking spaces.

The caliper of all new trees shall be as in Subsection D(5) and (6) of this section.

Trees required in this section shall be planted in protected areas, such as along walkways, or within curbed islands located between rows of parking spaces, at the ends of bays, or between parking stalls.

Curbed landscaping islands shall have a minimum width of nine feet, exclusive of curbing.

Buffer yards.

Purpose.

Landscaped open areas or buffer yards may be needed to provide separation of incompatible land uses as required by Chapter 425, Zoning, and supplemented by this chapter. Careful site planning can minimize the need for constructed buffer yards; uses should be arranged to avoid locating incompatible uses in close proximity; natural topographic and vegetative features of a development site should be used to separate uses which would otherwise negatively affect each other.

This subsection includes requirements for buffer yards that apply when such landscaping or screening is required by Chapter 425, Zoning, and where land uses with differing visual, functional, and operational characteristics are located in close proximity. These situations are most likely to arise within multiuse land developments, on development sites that are located at the edges of zoning districts, and on development sites bordering arterial highways, railroads, and public transit lines.

Calculation of buffer yard requirement. The type of buffer yard and the extent of planting or other screening that must be provided within it shall be a function of the difference or incompatibility between adjacent land uses.

Land use compatibility classes. The magnitude of incompatibility shall be determined in accordance with the following table, which categorizes land uses into four compatibility classes. Uses within each class are assumed to be similar in visual, functional, and operational characteristics and require no separation beyond yards required by zoning and landscaping required by other subsections of this section. Requirements for buffer yards, planting, and screening increase as the numerical difference between compatibility classes increases.

Land Use Compatibility Classes
Compatibility Class	Land Uses
1	Single-family dwelling, 2-family dwelling, passive recreation
2	Multifamily residential, mobile home parks, churches, schools, neighborhood businesses, semipublic uses, and public uses, but not including public maintenance and storage facilities
3	Recreation facilities, entertainment facilities, motels, all commercial uses except those in Compatibility Class 4 and billboards
4	Public maintenance and storage facilities, billboards, major regional shopping centers, transport and trucking terminals, essential services, warehousing, sale and storage of building materials, all industrial uses, railroads, expressways and major arterial highways

Buffer yard types. The following table defines three types of buffer yards, ranging from 15 feet to 75 feet in width, which shall be required to separate land uses in different compatibility classes. The planting and screening component of each buffer yard type is described qualitatively in terms of the result to be achieved, rather than quantitatively.

Buffer Yard Types
Buffer Yard Type	Description of Buffer Yard Objective	Minimum Width (Feet)
A	Moderate separation, partial visual screening; trees, hedge, three- to four-foot fence appropriate	15 to 25 as required by Chapter 425, Zoning
B	Substantial separation; total visual screening; varied landscape materials; solid fence or berm appropriate	40
C	Maximum spatial separation; total visual screening plus mitigation of traffic, noise, lights, emissions	75

Options for flexibility.

The Supervisors may permit the provision of a narrower buffer yard in combination with denser planting and/or screening devices, if the applicant demonstrates that a narrower buffer yard will provide acceptable mitigation of the effects of heavy traffic, noise, glare, fumes, and other potential impacts and that the proposed plant materials will still be able to thrive if spaced more closely.

The Supervisors will also consider alternatives to densely planted linear strips, if the applicant demonstrates that another design will function as effectively to mitigate the negative impacts of adjoining uses upon each other.

Required plantings. Buffer yards shall be planted with a mix of hardy native trees, shrubs, grasses, and perennials. Minimum sizes of trees shall be as specified in Article IV, § 360-31D(5). Quantities and spacing of plant material shall be determined by the density of screening needed. Existing natural features, woodlands, or other high quality existing vegetation preserved within the buffer yard may be used to satisfy planting requirements.

General standards for buffer yards.

Buffer yards shall be provided by the applicant along the perimeter of the site or lot and shall extend to the property or right-of-way line. Different buffer yards may be required along various portions of the site perimeter if more than one category of land use adjoins the site.

Buffer yards shall be maintained by the owner of the property. Plant materials shall be inspected yearly, and all dead, diseased, and damaged plant materials shall be replaced.

No structure or vehicular use areas, buildings, accessory uses, utilities, light standards, etc., shall be permitted in a buffer yard. Access drives are permitted only in buffer yards which separate a proposed development from a street.

Buffer yards may be used for passive recreation uses, such as pedestrian and bicycle trails, provided that the required separation and screening is maintained.

§ 360-32 Water supply.

Water supply required. An adequate supply of potable water shall be provided for every building to be used for human occupancy or habitation in a subdivision or land development.

Public water supply. Where public water supply is located within 1,000 feet of the development or less, the subdivider or developer shall construct a system of water mains in conformance with the standards and requirements of DEP and the water supplier whose facilities will serve the development, connect with such public water supply, and provide a connection for each lot. Water mains shall be extended to the subdivision boundary.

§ 360-33 Sanitary sewage disposal.

The developer shall provide the most effective type of sanitary sewage disposal consistent with the Township's official plan for sewage facilities, included in Chapter 310, Sewers and Sewage Disposal, of the Township's Code of Ordinances, prepared in accordance with the Pennsylvania Sewage Facilities Act (537)[1] and DEP regulations.

Editor's Note: See 35 P.S. § 750.1 et seq.

Connection to a public sanitary sewer system shall be required where such a system is proposed by the Township's official plan for sewage facilities, can feasibly be provided to the proposed subdivision tract, and where such a system can adequately fulfill the sewage disposal needs of the subdivision or land development.

Where a public sanitary sewer system is not yet accessible to the site but is planned for extension within a five-year period, the developer shall install sanitary sewer lines within the subdivision boundary to the point where the future connection to a public sewer system will be made. Lateral connections shall be constructed for all lots. Connections shall be available in the structures so as to allow the switch from the use of the on-lot systems to the public system. Such sewer systems shall be capped until ready for use. On-lot disposal facilities shall be provided for interim use.

In order for a private centralized sanitary sewer system to be approved, the governing body must revise the official plan for sewage facilities by resolution indicating that the system concept is approved.

In subdivisions/land developments where neither connection to a public sewage system nor a private centralized sewage system is contemplated, on-lot sewage disposal systems shall be provided in accordance with the Pennsylvania Sewage Facilities Act,[2] DEP regulations, the Washington County Sewage Council, and the requirements of the Township Engineer.

Editor's Note: See 35 P.S. § 750.1 et seq.

Sanitary sewerage systems shall be located and/or designed to minimize flood damage and minimize or eliminate infiltration of flood waters into the system or discharges from the system into flood waters.

On-lot sewage disposal systems shall be located and/or designed to avoid impairment to them or contamination from them during flooding.

§ 360-34 Other utilities and easements.

General requirement. All lots in a subdivision and land development shall be served by electric, telephone, gas and cable television service; however, gas and cable television service may be waived when these systems are inaccessible to the development.

Easements. Easements for public and private utilities shall comply with the requirements of the utility providers and with the following standards:

Easements shall be adjacent to property lines where possible.

Minimum widths for utility easements shall be 20 feet for public utilities and 10 feet for private utilities. Utility companies shall use common easements wherever possible.

To allow for future extensions of utility service to serve adjacent development, the Township may require that easements be extended to the lot line or boundary of the subdivision.

Utility service shall be provided in the circumstances and manner required by the Public Utility Commission.

Wiring standards.

Electric, telephone, television, and other communication service lines shall be provided by wiring placed underground within properly dedicated easements or within public rights-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services, unless the applicant demonstrates that the physical conditions of extensive shallow bedrock or floodplain areas render such underground installations infeasible or undesirable.

If a lot abuts an easement or right-of-way with existing overhead electrical, telephone, television, or other service lines, the lot may utilize the overhead lines, but service connections shall be installed underground. Where a subdivision or land development requires a street widening or service extension which necessitates the replacement or relocation of overhead lines, replacement or relocation shall be underground.

Where overhead lines are permitted, the placement and alignment of poles shall be designed to lessen the visual impact of overhead lines as follows:

Staggered alignments, and not placement in straight lines, shall be utilized to avoid the need to clear swaths through areas of trees.

Trees within the utility easement shall be planted in open areas and at key locations to minimize the view of the poles and lines.

Alignments shall follow rear lot lines.

Provisions shall be made for later attachment of streetlights to underground lines.

Trees shall be planted so that they will not interfere with underground and overhead utility lines when planted or in the future. The species and location of trees in easements shall be subject to approval of the Township or public or private utility company having rights in the easement.

Utility apparatus placed aboveground, other than utility poles, shall be screened with plant materials which shall not interfere with sight distance.

§ 360-35 Other community facilities and services.

Purpose. The purpose of this section is to ensure that developers and service providers are aware of the potential impacts that a proposed development will have upon community services and facilities and to encourage cooperative planning and action to improve or augment facilities and services that are not adequate to meet increased demands created by a new development.

Requirement to inform. An applicant for approval of a subdivision or land development shall inform the providers of public services and facilities of the proposed development, including sufficient information about the development to enable the service provider to determine whether sufficient capacity, facilities, and/or equipment are available to serve the new development.

Service providers who must be informed include police, fire and emergency services, school districts, utility providers, and any others required by the Township.

Documentation that the required information was transmitted to appropriate service providers shall be included with an application for preliminary approval. Responses from service providers indicating their ability to provide service to the proposed development shall be required prior to final approval.

Options when services or facilities are not adequate. If a public service provider indicates an inability to provide service to a proposed new development, the applicant, service provider, and Township shall reach an agreement upon a course of action or program to remedy the inadequacy and to ensure service to the new development.

§ 360-36 Building setback lines and easements.

Building setback lines shall be as designated by Chapter 425, Zoning.

Easements of appropriate width shall be provided on each side of all rear lot lines and along side lot lines, where necessary, for poles, wires, conduits, and gas mains. Easements may also be required along or across lots where engineering design or special conditions may necessitate the installation of water and sewer lines outside public rights-of-way. The width of such easements shall conform to requirements as determined by the authorities having jurisdiction in that location. For lots facing on curvilinear streets, the rear easements should consist of straight lines with a minimum number of points of deflection.

Easements along streams. Whenever any stream of important surface drainage course is located in the area being subdivided, the subdivider shall provide an adequate easement along each side of the stream for the purpose of widening, deepening, relocating, or protecting the stream for drainage or public use.

§ 360-37 Public sites and open spaces.

Open space dedication. Where the subdivision contains a park, playground, school, steep slope area or other public site shown in the Master Plan, the subdivider shall give consideration to the dedication of such to the public or its reservation, for purchase by the appropriate public body within a specified period of time, and an agreement shall be entered into between the subdivider and the proper public agency regarding the time and method of acquisition and the cost thereof. Due regard shall be shown for preserving outstanding cultural, historic and scenic areas, natural features and exceptionally fine groves of trees.

Fees in lieu of dedication. As authorized by Section 503, Subsection (11) of the Pennsylvania Municipalities Planning Code,[1] the Township's Recreation Plan and the Capital Improvements Program and Budget for Recreation, a fee in lieu of dedication of open space for recreation is hereby established in an amount as set by the Board of Township Supervisors by resolution, payable at the time of execution of the subdivision improvements agreement between the developer and the Board of Township Supervisors as required by this chapter.

Editor's Note: See 53 P.S. § 10503(11).

§ 360-38 Transportation facilities.

Purpose. The purpose of this section is to ensure that, in new subdivisions and land developments, streets and sidewalks provide safe and convenient access and accommodate the safe and efficient movement of pedestrian and vehicular traffic.

General provisions for streets.

Every subdivision shall have access to a public street or a street built to Township standards herein.

The arrangement of streets shall conform to the Township Comprehensive Plan, Official Map, and Township, county, and state transportation plans.

Streets shall be related to the topography so as to produce usable lots and acceptable grades.

Access shall be given to all lots and portions of the tract in the subdivision or land development.

Reserve strips and landlocked areas shall not be created.

Streets shall be laid out to preserve the integrity of their design. Local streets shall be laid out to discourage their use by through traffic, and, where possible, arterial streets shall be designed for use by through traffic.

Where the proposed subdivision or land development contains or is adjacent to an existing or proposed arterial street or a highway designated as a limited access highway by the appropriate highway authorities, provisions shall be made for marginal access streets at a distance acceptable for the appropriate use of the land between the arterial street or limited access highway and the marginal access streets. The Supervisors may also require rear service areas, double frontage lots, or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with primary streets, and separation of local and through traffic.

(8)

Half or partially developed streets will not be permitted in new subdivisions or land developments except where essential to reasonable subdivision or development of a tract in conformance with the other requirements and standards of this chapter and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured.

(9)

Wherever a tract to be subdivided or developed borders an existing half or partial street, the entire street shall be shown on the plan.

(10)

Dead-end streets shall be prohibited, except as stubs (with adequate turning capability) to permit future street extension into adjoining tracts or when designed as a cul-de-sac.

(11)

Where adjoining areas are not subdivided, the arrangement of streets in a proposed subdivision or land development shall be made to provide for the proper projection of streets into the unsubdivided land. Streets giving such access shall be improved to the limits of the subdivision or land developments and shall be improved to Township specifications.

(12)

All streets shall be named. No new street name shall be permitted which duplicates or which may be confused with an existing street name. If a new street is a continuation of, or is aligned with an existing or platted street, it shall bear the same name as the existing or platted street.

(13)

No street shall be laid out or opened which extends to or crosses any boundary between the Township and any other municipality, except with the specific approval of the Supervisors and upon such condition as the Supervisors may impose. If the street is proposed to serve a commercial area, an industrial area or a residential area of 50 dwelling units or more, located in another municipality, the street shall not be approved unless the area is also served by a street in the other municipality and unless the relevant traffic facilities of the Township are adequate to handle the anticipated volume. Furthermore, all lots in subdivisions and land developments located in the Township shall be arranged so that their access shall be directly from public streets in the Township.

(14)

Each street shall be designed for its entire length to meet the standards for its classification, as defined below, except where otherwise required by the Board of Supervisors.

Street classification.

The design of a street system shall include the classification of streets by the Supervisors based on the Nottingham Township Comprehensive Plan and based on their functions and projected traffic as shown in the following table:

Classification of Streets
Classification	Function	Average Daily Traffic	Design Speed (mph)
Arterial	Includes highways which provide intercounty or intermunicipal traffic of substantial volumes where the average trip lengths are usually five miles or greater	2,000+	35 to 55
Collector	Primarily connect local streets to arterial highways; they may serve intracounty and intramunicipal traffic; they may serve as traffic corridors connecting residential areas with industrial, shopping, and other services; they may penetrate residential areas	1,000 to 3,000	35
Local	Primarily provide direct access to abutting land and connections to higher classes of roadways; traffic volumes will be low and travel distances generally short; should be designed to prevent through traffic	Less than 1,000	25 for streets serving nonresidential development
Residential high volume		501 to 1,000	15 to 25
Residential medium volume		101 to 500	15
Residential low volume		0 to 100	15
New alley	Provide an alternate access to abutting land and connections to local or collector classes of roadways	Not applicable	10 to 15
Existing alleys	Roadways (both improved and unimproved) that currently appear on the Township's roadway system map that the majority of the time provide either a primary or secondary access to abutting land	Not applicable	10 to 15

The classification of each street shall be determined by the Supervisors based upon the projection of traffic volumes a minimum of 10 years after its completion. Traffic volumes shall be calculated in accordance with trip generation rates published in the most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual or an alternate source acceptable to the Township and shall consider all traffic likely to use each street.

Street openings.

Permit required. In accordance with the provisions of § 2322 of the Second Class Township Code, 53 P.S. § 67322, as amended, no structure, facility, or utility may be constructed, erected, or placed upon, below, inside, or over any portion of a Township roadway right-of-way except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits and road maintenance agreements granted by the Township for such purpose.

Application for permit. The application for a permit shall be on a form prescribed by the Township and submitted to the Township. The application shall be accompanied by a fee in accordance with the schedule of fees set forth by the Township for roadway occupancy permits and restoration charges. In addition, the applicant shall submit a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street.

Fees. The Board of Supervisors of Nottingham Township shall establish by resolution a schedule of fees for the obtaining of permits required under the provisions of this part. Such resolution shall be duly recorded in the Resolution Book of the Township, as required by Article VIII of the Pennsylvania Second Class Township Code,[1] and such fee schedule shall be reproduced and made available upon request at the Township building. The resolution providing for the various fees shall be periodically reviewed and amended, where necessary, by resolution of the Board of Supervisors. The issuance of a permit shall be contingent upon the payment of the proper fee as established by the resolution and the fee schedule.

Editor's Note: See 53 P.S. § 65801 et seq.

Issuance of permit. A permit shall be issued to the applicant after all the aforementioned requirements have been filed.

Notice of completion. Upon completion of the work, the applicant shall give written notice thereof to the Township.

Inspection of work. Upon completion of the work authorized by the permit, the Township shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect in the work occurs, if the applicant shall fail to rectify any such settlement or other defect within 60 days after written notice from the Township to do so, the Township may do the work and shall impose upon the applicant the cost thereof, together with an additional 20% of such cost.

Violations and penalties. Any person, firm or corporation who shall violate any provision of this subsection, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this subsection continues or each section of this subsection which shall be found to have been violated shall constitute a separate offense.

Minimum level of service.

All proposed streets and intersections in a subdivision or land development shall be designed to function at Level of Service A or B, as defined by the Transportation Research Board's Highway Capacity Manual.

The existing level of service on any adjacent street and intersection that will be affected by a proposed subdivision or land development shall not fall below level C if it is currently A, B, or C, and shall not be further reduced if it is at levels D, E, or F.

Traffic impact study.

When required. A traffic impact study shall be required for a subdivision or land development which will generate 100 or more peak hour trips when fully developed. A traffic impact study may also be required to assess the impacts of smaller projects if traffic congestion or safety problems already exist.

Methodology. The study shall be conducted in accordance with the recommended practice Traffic Access and Impact Studies for Site Development published by the Institute of Transportation Engineers or in accordance with an equivalent methodology endorsed by transportation engineers.

The scope of the study, study area, and methodology shall be approved by the Township Engineer before the study is initiated. (A preapplication conference should be scheduled for this purpose.)

The study shall be performed by an engineer with training and experience in the performance of traffic studies, whose credentials are acceptable to the Township.

Required findings.

The traffic impact study must demonstrate that the levels of service specified above in this chapter will be met by the proposed development and that the circulation plan for the development will function safely and efficiently.

The study shall describe any measures which have been incorporated into the development plan in order to achieve the required conditions. Such measures may include, but are not limited to:

A reduction in the density or intensity of the proposed development;

Measures to reduce traffic impacts, such as clustering of buildings for easy access or the inclusion of transit-related improvements;

[3]

The phasing of construction to coincide with the completion of transportation improvements which have been programmed by the Township, county, or state;

[4]

The construction of on-site or off-site transportation improvements;

[5]

The extension of transit or pedestrian services to the site.

Any traffic impact mitigation measures, which are not physical site improvements, shall be incorporated into a development agreement executed between the Township and the applicant and shall be recorded with the land development plan.

Special purpose streets.

Cul-de-sac streets.

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

Any dead-end street which is constructed for future access to an adjoining property or because of authorized stage development, and which is open to traffic and exceeds 200 feet in length, shall be provided with a temporary, all-weather turning circle. The turning circle shall be completely within the boundaries of the subdivision, and the use of the turnaround shall be guaranteed to the public until such time as the street is extended.

Cul-de-sac streets permanently designed as such shall not exceed 1,000 feet in length and shall not furnish access to more than 25 dwelling units. In the case of the industrial parks, a cul-de-sac shall not furnish access to more than 100 employees. Exemptions from these requirements may be granted where necessary due to unique characteristics of the site.

All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turning circle. The turning circle may be offset to the left, but turnarounds offset to the right shall be discouraged.

If parking will be prohibited on the turning circle, the minimum radius of the right-of-way line shall be 50 feet.

If parking will be permitted on the turning circle, the minimum radius to the pavement edge or curbline shall be 50 feet, and the minimum radius of the right-of-way line shall be 60 feet.

The center line grade on a cul-de-sac street shall not exceed 12%, and the grade of the diameter of the turnaround shall not exceed five feet.

(f)

Cul-de-sac streets shall be designed with an open space area designated at the end of each turning circle. The designated open space shall have a recorded easement with the Township to allow for winter maintenance access.

(g)

Cul-de-sac streets are prohibited except where the applicant can show that such a street design is required as a result of unique topographic or other natural features that prohibit the design and construction of a connecting street system, as reviewed and confirmed by the Township Engineer.

Private streets. Private streets may be permitted by the Township, subject to the following provisions:

Private streets shall comply with the design and construction standards for public streets of the same functional class.

An agreement for maintenance of private streets shall be recorded with the final plat and shall include, in case of failure to maintain in accordance with the agreement, an offer of dedication to the Township together with provisions for funds sufficient to restore the private street to the standards required for public streets prior to acceptance of dedication.

Street design specifications. Where conflicting provisions exist, the street design standards herein shall supersede any existing conflicting requirement.

Street Design Specifications
	Arterial	Collector	Local
Right-of-way widths (radius)	80 feet	60 feet	50 feet
Cul-de-sac right-of-way radius	N/A	N/A	50 feet
Angle of street intersection	90°	75° to 90°	60° to 90°
Cartway paving width (bottom of curb to bottom of curb)	24 feet	22 feet	20 feet
Cul-de-sac paving radius	N/A	40 feet	40 feet
Minimum street grade	1.5%	1.5%	1.5%
Maximum street grade	6.0%	10.0%	12.0%
Maximum leveling grade (for 25 feet before nearest right-of-way of street being intersected)	6.0%	6.0%	6.0%
Curb return radius	40 feet	30 feet	25 feet
Minimum center-line radius	500 feet	200 feet	125 feet
Vertical curves	Must provide 200 feet of sight distance
Sidewalk width (where provided)	5 feet	5 feet	5 feet
Curb width (wedge type)	1.5 feet	1.5 feet	1.5 feet
Residential subdivision	1,600 feet maximum distance between street intersections 250 feet minimum distance between street intersections
Maximum grade, cul-de-sac	5% with a minimum grade at gutterline of 1.5%

Sidewalks.

Sidewalks shall be provided on all streets and parking compounds located within multifamily and apartment building developments. Sidewalks shall also be required along new streets in subdivisions or land developments in which the average lot width of interior lots at the required building setback line is 100 feet or less. The requirement to install sidewalks may be waived at the discretion of the Board of Supervisors.

Minimum widths for sidewalks along each type of public street shall be four feet and shall follow PennDOT specifications along state roads.

Maintenance of sidewalks is the responsibility of the property owner or homeowners' association, if the sidewalk is constructed outside of the public right-of-way.

The Township is under no obligation to take over the maintenance and upkeep of a sidewalk outside of the public right-of-way.

Bikeways. Where a proposed development is within a reasonable distance of an existing bikeway or a proposed bikeway included in a Township or county bikeway plan or official map, the development plan shall provide for connections to the existing or proposed bikeway.

Streetlights.

Streetlighting shall be provided for all nonresidential developments and multifamily developments requiring either the construction of new streets or the extension of existing streets.

Streetlights shall be provided at all intersections of streets and at the access drives of all nonresidential developments.

Lights shall be provided in parking areas, along sidewalks, and between buildings as needed for public safety and convenience.

The placement, height, and shielding of lighting standards shall provide adequate lighting without hazard to drivers or nuisance to nearby residents. No spillover of light onto adjoining properties from required light standards shall be permitted.

The style, type, and shielding of light standards shall be appropriate to the use, the development, and the Township, and shall be approved by the Supervisors, subject to the recommendation of the Township Engineer.

Street signs.

Street name signs shall be provided at all new street intersections.

Street name signs shall be installed under streetlights and shall be free of all visual obstructions.

The design of street name signs shall be consistent, uniform, and appropriate to the Township and to the development and shall be acceptable to the Township Engineer.

Traffic control signs shall be provided by the applicant as needed. The design and placement of traffic control signs shall be as specified in the Manual on Uniform Traffic Control Devices for Streets and Highways and shall meet all state and local requirements.

Parking facilities.

Application. All land developments shall include parking facilities for proposed uses.

Standards. The standards of Chapter 425, Zoning, shall apply in addition to the standards of this chapter.

Dimensional standards.

Automobile parking spaces. Perpendicular or angled parking spaces for automobiles shall be as required in Chapter 425, Zoning. Parallel spaces shall be no less than eight feet in width and 23 feet in length. Handicapped spaces shall be no less than 12 feet in width and shall comply with federal standards.

Aisle width. The width of aisles providing access to parking spaces shall be in accordance with the following table. Only one-way traffic shall be permitted in aisles serving parking spaces placed at an angle other than 90°.

Parking Angle (degrees)	Aisle width (feet)
30°	12
45°	13
60°	18
90°	24

Minimum paving standards. The minimum paving standard for all driveways and parking areas, including off-street parking and pull-off areas outside of the public right-of-way, for land developments shall be the following:

Bituminous paving:

Crushed aggregate base: six inches;

Bituminous concrete base course: 4 1/2 inches;

[3]

ID-2 binder course: 1 1/2 inches;

[4]

ID-2 surface course: 1 1/2 inches; or

[5]

ID-2X surface course: 1 1/2 inches.

Concrete paving: six-inch Class A concrete with six inches by six inches steel mesh at 68 pounds per 100 square feet.

Responsibility. The maintenance responsibility of the Township ends at the street curb line or extension, such that off-street parking and pull-off areas are not the responsibility of the Township.

§ 360-39 Monuments and markers.

Requirement and purpose. Permanent monuments and markers shall be placed in all subdivisions, in order to provide survey and property line control.

General standard. All monumentation shall conform to recommended practices of the surveying profession, as contained in the most recent edition of the Manual of Practice for Professional Land Surveyors in the Commonwealth of Pennsylvania, or equivalent standard of professional practice acceptable to the Township Engineer.

Specific placement standards. Intervisible monuments shall be placed sufficiently far apart to ensure accuracy control within survey procedures. They shall be placed with priority consideration for permanence and accessibility. This will require consideration of the ultimate use of the land where the monuments are to be placed, exposure to future roadway maintenance, and lot landscape development.

Monuments shall be set at each deflection point in the subdivision boundary and in a sufficient number of locations to define the boundary of a subdivision.

Monuments shall be placed to locate street intersections, culs-de-sac, and curves in horizontal street alignments. To that end, monuments should be located in the following order of priority:

On a five-foot or appropriate survey line only where sidewalks are to be installed.

Other locations along or on the right-of-way line, giving due consideration to the lot owner's use of the land and the likelihood of future changes in elevation or landscape, which would affect the monument's location or its intervisibility.

Markers shall be set at the beginning and ending of all curves along street property lines; at all points where lot lines intersect curves, either front or rear; at all angles in property lines of lots; and at all other lot corners.

Material and construction standards.

Monuments shall be of concrete or stone with a minimum size of six inches by six inches by 30 inches and shall be marked on top with a copper dowel.

Markers shall consist of iron pipes or iron or steel bars at least 30 inches long, and not less than 1/2 inch in diameter.

Other materials may be acceptable with the approval of the Township Engineer.

Monuments and markers shall be placed so that the scored or marked point shall coincide exactly with the intersection of lines to be marked and shall be set so that the top of the monument or marker is level with the surface of the surrounding ground.

Monuments and markers shall be detectable with conventional ferrous metal or magnetic locators.

Record on plan for recording. The location of all monuments and markers shall be shown on the plan for recording, with the distance between them and curve data shown.

A notation indicating whether the monuments and markers were found or set and a description of their type, size, material, condition, and position shall be included.