A. 
Minimum standards. The standards and requirements contained in this chapter shall apply as minimum design standards for subdivisions and/or land developments in the Township.
B. 
Compliance with Chapter 450, Zoning, and Zoning Hearing Board decisions. Whenever the Zoning Ordinance provides that the use proposed by the applicant for subdivision or land development approval shall constitute a use by special exception or conditional use or when a variance from the terms of the Zoning Ordinance is required to develop in accordance with the plan, the applicant shall obtain such special exception, variance or conditional use approval from the Township Zoning Hearing Board or Board of Supervisors, as applicable, prior to the submission of the preliminary plan. The plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such special exception, variance or conditional use by the Township Zoning Hearing Board or Board of Supervisors, as applicable.
A. 
Conformance with adopted plans. The proposed street pattern shall be properly related to existing streets, to Official Maps, comprehensive plans and to such County and state road and highway plans as have been duly adopted.
B. 
Private streets. Private streets shall meet all the design standards of public streets in accordance with the specifications of this chapter. Applications which propose a private street shall be accompanied by a right-of-way agreement which shall be submitted with the preliminary plan for review by the Township and recorded with the Lancaster County Recorder of Deeds as part of the final plan. This agreement shall establish the conditions under which the street will be constructed and maintained, as well as conditions controlling the offer of dedication, and shall stipulate:
(1) 
That the street shall be constructed and maintained to conform to the Township street specifications.
(2) 
The method of assessing maintenance and repair costs.
(3) 
That an offer for dedication of the street shall be made only for the street as a whole.
(4) 
That the owners of the abutting lots will include with any offer of dedication sufficient funds, as estimated by the Township, to restore the street to the prevailing standards.
(5) 
That an agreement by the owners of 51% of the front footage thereon shall be binding on the owners of the remaining lots.
C. 
Arterial street design. The design standards for arterial streets shall be as specified by the Pennsylvania Department of Transportation and based upon the projected average daily traffic and speed limit.
D. 
Arrangement. Streets shall be designed with consideration to both existing and planned streets. All streets shall be arranged to conform as closely as possible to the original topography. Streets which serve as connector routes shall be connected with streets of similar function, to form continuations thereof. Local streets shall be laid out to discourage use by through traffic. Streets shall be laid out to provide convenient and safe access to the property. Where a development abuts an existing or proposed arterial street, the Board of Supervisors may require use of reverse frontage lots, or such other treatment that will provide protection for abutting properties, reduce the number of intersections with the arterial street, and separate the local and through traffic. East Earl Township has designated the following streets:
Arterials
Collectors
Route 322
Route 897
Route 23
Route 625
SR 1044 - Union Grove Road (east of Terre Hill)
SR 1044 - Vine Street/Red Run Road (west of Terre Hill)
SR 1010 - Lancaster Avenue
E. 
Street provisions for future development. Where appropriate, areas shall be reserved for future street usage in conjunction with the development of adjacent tracts. Areas reserved for future rights-of-way may not be required to be improved; however, these future rights-of-way shall be reserved for street improvements to be provided by the developer of the adjacent tract. Wherever there exists a dedicated or platted area reserved for future street usage along the boundary of a tract being developed, the developer shall extend the adjacent street into the proposed development.
F. 
Future rights-of-way. Future rights-of-way shall be designed in conformance with the design requirements of a street, and the contiguous parcels must contain proper setbacks and sight distances.
(1) 
The area within the future right-of-way shall be included within the deeds to the abutting lots with an easement.
(2) 
In favor of the Township and landowners of the land into which the future right-of-way will extend to permit the use of the future right-of-way for public street purposes should the adjoining lands be developed.
(3) 
The landowners of the lots in which the future right-of-way is included shall have the duty to maintain the area included within the future right-of-way and this duty shall be indicated in a note on the final plan and in all deeds to such lots.
(4) 
The landowners of the lots in which the future right-of-way is included shall have no obligation concerning the improvement of such future right-of-way for street purposes.
G. 
Half streets. Half or partial streets (less than the required right-of-way or cartway width) will not be permitted. All plans shall be designed to provide for the entire required right-of-way and cartway.
H. 
Street names. Continuations of existing streets shall be known by the same name. Names for new streets shall not duplicate nor closely resemble names of existing streets within the Township or within the same postal area. All new street names are subject to the local postmaster granting approval with all final plan applications. All street names shall conform, where applicable, to the Township plan for street names.
I. 
Vertical alignments. Vertical street alignments shall be measured along the center line. The minimum and maximum grade of all streets shall be as shown in Appendix 16.[1]
(1) 
Vertical curves shall be used in changes in grade exceeding an algebraic difference of 1%. The minimum length (in feet) of crest curves shall be 20 times the algebraic difference in grade and the minimum length (in feet) of sag curves shall be 30 times the algebraic difference in grade. For example, if a 3% upgrade is followed by a 4% downgrade, the algebraic difference in grade is 7 [+3-(-4)=7]; the minimum length of the vertical curve would then be 140 feet [20 x 7= 140].
(2) 
Where the approaching grade exceeds 7% on any or all streets within 100 feet of a four-way street intersection or the terminating street at a three-way intersection, a leveling area shall be provided on the street(s) with such excessive grade. Such leveling area(s) shall have a maximum grade of 4% for a minimum length of 100 feet measured from the intersection of the center lines.
(3) 
The grade within the diameter of a turnaround at the terminus of a permanent cul-de-sac shall not exceed 5%.
(4) 
All new streets shall be graded to the right-of-way line in accordance with Appendices 17A and 17B.
[1]
Editor's Note: Appendices mentioned herein are on file in the Township offices.
J. 
Horizontal alignments. Horizontal street alignments shall be measured along the center line. Horizontal curves shall be used at all angle changes in excess of 2°. Single long radius curves shall be used rather than a series of curves with varying radii and/or a series of short curves separated by short, tangent segments. The minimum horizontal curve center line radius for streets shall be as shown in Appendix 16.[2]
(1) 
Perimeter streets. Plans with street locations along the perimeter of a property shall be required to show building setback lines and clear sight triangles within the adjacent properties. Permission shall be obtained in writing from the adjacent landowner.
(2) 
Cartway alignment. The center line of the street cartway shall correspond with the center line of the street right-of-way.
[2]
Editor's Note: Said appendix is on file in the Township offices.
K. 
New street right-of-way and cartway widths. The minimum street rights-of-way and cartway widths for new streets shall be as follows:
Street Classification
Minimum Cartway
(feet)
Minimum Right-of-Way
(feet)
Arterial street
As determined by the Board of Supervisors after consideration with the Lancaster County Planning Commission and the Pennsylvania Department of Transportation
Collector street without on-street parking*
36
60
Local street with on-street parking
36
50
Local street without on-street parking*
28
50
Turnaround of cul-de-sac
100 in diameter
120
Alley or service street
16
20
*
"No Parking" signs must be provided along the cartway and acknowledged on the plan.
(1) 
Extension of existing streets. The extension of existing streets which are presently constructed with a cartway different from the standards of this chapter shall be provided with a transition area, the design of which is subject to the Board of Supervisor's approval.
(2) 
Street improvements. All construction shall be in conformance with the provisions and specifications of the Township as set forth herein.
(3) 
Reservation of additional right-of-way. If a subdivision or land development abuts an existing Township and/or state street which has a right-of-way width of less than the required right-of-way width set forth in Subsection K, herein, the developer shall reserve for future dedication to the Township or Commonwealth, as applicable, that amount of land necessary so that the distance from the center line of the street to the edge of the right-of-way abutting the proposed development is one-half the right-of-way width set forth in Subsection K, herein.
(4) 
Improvement of existing streets and intersections. Where a subdivision or land development abuts an existing Township and/or state street, the developer shall be required to make the following improvements when the improvements are necessary to provide safe and convenient access to the development.
(a) 
In cases where a subdivision or land development abuts both sides of Township or state street, the street shall be improved to the width in accordance with § 380-36K.
(b) 
In cases where the development abuts only one side of an existing street, the Township may require that only that side of the street be improved.
(5) 
In lieu of providing improvements to the abutting street, the applicant, if approved by the Board of Supervisors, may provide a "fee in-lieu-of" improvements, as determined by the Board of Supervisors, to be used for roadway improvements whenever said road is upgraded.
L. 
Street construction specifications.
(1) 
Streets must be surfaced to the grades and dimensions drawn on plans, profiles, and cross sections submitted by the developer and approved by the Township. Before paving the street surface, the developer must install required utilities and provide subsurface drainage for the streets in accordance with the East Earl Township Stormwater Management Ordinance.[3]
[3]
Editor's Note: See Ch. 358, Stormwater Management.
(2) 
The construction of all streets shall comply with current Township standards and specifications as provided in Appendix 17A and 17B[4] of this chapter, based on the construction standards in Pennsylvania Department of Transportation, Form 408.
[4]
Editor's Note: Said appendices are on file in the Township offices.
(3) 
The Township shall decide if a collector or arterial street is required as direct result of the construction of the development in which case the developer is responsible for paving the additional width required.
M. 
Curbs. Curbs shall be provided on all new streets in subdivisions which average two or more lots or dwelling units per gross acre, parking compounds and access drives in land developments, or within 1,000 feet of any existing or recorded subdivision or land development having curbs. Curbs shall be constructed in accordance with Appendix 18.[5]
[5]
Editor's Note: Said appendix is on file in the Township offices.
N. 
Sidewalks. The Township shall require the installation of sidewalks in all subdivisions and/or land developments where curbing is required. Sidewalks are required to provide access to and/or within a commercial, industrial or community facility. Sidewalks which are provided as part of such nonresidential facilities shall be designed and constructed to service the projected pedestrian needs. All public areas shall be designed barrier-free and constructed in accordance with applicable federal and state regulations and standards.
(1) 
Sidewalks shall be of plain concrete four inches thick (six inches at driveways), containing steel mesh of six inches by six inches by 14 gauge. Upon a properly prepared subgrade, four inches of PennDOT No. 21B crushed stone shall be properly compacted using a mechanical tamper. Upon the crushed stone, the sidewalks shall be constructed by pouring concrete in separate slabs 30 feet in length. The slabs shall be completely separated by 1/4-inch expansion joint and scored every five feet. The minimum bearing strength shall be 3,000 pounds per square foot.
(2) 
Sidewalks shall be located, if possible, within the street right-of-way line, and shall be a minimum of four feet wide except adjacent to shopping centers, schools, parks, recreation areas and other community facilities, they shall be a minimum of five feet wide. Handicap ramps shall be provided at all intersections and crosswalks.
O. 
Street signs. Street name signs and traffic control signs shall be installed by the developer at all new street intersections. The design and placement of such signs shall be in accordance with current PennDOT standards and approved by the Township.
P. 
Driveways. Driveways shall have the following characteristics:
(1) 
Driveways shall be located as to provide sight distance at intersections with streets and shall not be located within any required clear sight triangle in accordance with § 380-36S.
(2) 
Driveways which intersect other than a minor street shall provide adequate turnaround within the lot so egress to the street is in a forward direction.
(3) 
Only one driveway connection per 100 feet of lot frontage is permitted; no more than one driveway connection per lot shall be permitted.
(4) 
The Board of Supervisors may limit the number of driveways providing access to collector or arterial streets. The Board may also require the use of shared driveways to provide ingress and egress to two residential units.
(5) 
Driveways shall not connect with a public street within 40 feet of the right-of-way lines of any intersecting streets, nor within five feet of a fire hydrant.
(6) 
Driveway access shall be provided to the street of lesser classification when there is more than one street classification involved.
(7) 
All driveways shall be set back at least five feet from any adjacent side or rear lot lines unless a common or joint driveway location is proposed.
(8) 
Driveway location shall be delineated on all land development plans; however, subdivision plans may delineate location or provide a notice of conformity to Chapter 450, Zoning.
(9) 
A driveway shall not exceed a slope of 8% within 20 feet of the street right-of-way lines.
(10) 
Driveways shall be paved with bituminous concrete or an equivalent stabilized material from the edge of the street cartway to the right-of-way line for the lot, or 10 feet, whichever is greater, and be provided in a manner consistent with the design, construction and stormwater drainage of the street.
(11) 
Driveways shall have a minimum width of 10 feet for single-family dwellings and 16 feet for shared driveways.
(12) 
Driveways shall be constructed in accordance with Appendix 18.[6]
[6]
Editor's Note: Said appendix is on file in the Township offices.
Q. 
Access drives. Access drives shall conform with the following standards:
(1) 
The vertical alignments of access drives shall conform to the specifications for streets, as stated in this section.
(2) 
No more than eight dwelling units/lots shall be accessed by one access drive or series of access drives.
(3) 
The horizontal alignments of access drives shall be measured along center line. Horizontal curves shall be used at all angle changes in excess of 2°. All curves shall be tangential arcs. The minimum horizontal curve radius shall be 75 feet.
(4) 
The number of access drives per lot may not exceed two except where approved by the Board of Supervisors in order to meet exceptional circumstances.
(5) 
All access drive intersections shall be:
(a) 
Subject to approval of the Pennsylvania Department of Transportation when intersecting a state road.
(b) 
Set back 100 feet from the intersection of any street right-of-way lines.
(c) 
Set back 100 feet from the intersection of any other access drive located upon the same lot (measured from cartway edges).
(d) 
Set back 15 feet from any side and/or rear property lines; however, this setback shall not be required along one property line when a shared access drive or joint parking is shared by adjoining uses and satisfactory agreements are in place.
(e) 
Designed with right angle intersections whenever possible. No access drive intersection shall utilize an angle less than 75° unless turning movement restrictions are imposed.
(f) 
Rounded by a tangential arc with a minimum radius of 20 feet. The Township may require fifty-five-foot radius where truck traffic is anticipated.
(g) 
Provided with a clear sight triangle and sight distance in accordance with § 380-36S of this section.
(6) 
Access drives shall not exceed 1,000 feet in length, measured from the center line intersection of a street. The terminus of access drives shall incorporate a paved turnaround with a minimum diameter of 100 feet or a paved parking compound with sufficient turning area.
(7) 
When vehicular parking is prohibited along access drives, the prohibition must be noted on the plan and properly signed along the cartway.
(8) 
The cartway of all access drives shall be constructed according to the local street standards as stated in Subsection L. Additionally, all work procedures shall conform to the latest edition of the Pennsylvania Department of Transportation Manual 408.
(9) 
The following table specifies various access drive width requirements:
Function
Required Cartway Width
(feet)
2 lanes of traffic with on-street parking
36
2 lanes of traffic without on-street parking
241
1 lane of traffic with 1 lane of on-street parking**
20
1 lane of traffic without on-street parking**
12
*
Off-street parking lots must be provided in accordance with the requirements of the applicable East Earl Township Zoning Ordinance, and as may be further amended from time to time.[7]
**
The one-way direction of traffic must be identified along the cartway.
1
Access drives that serve less than four residential units can have a cartway width of 18 feet.
[7]
Editor's Note: See Ch. 450, Zoning.
R. 
Street intersections.
(1) 
Multiple intersections involving the junction of more than two streets are prohibited.
(2) 
The distance between the center line of streets intersecting at grade with a local street shall be no less than 150 feet measured along the center line of the street being intersected based on the safe stopping distance of a road with a design speed of 25 miles per hour.
(3) 
The distance between the center line of streets intersecting at grade with a collector street shall be no less than 300 feet measured along the center line of the street being intersected based on the safe stopping distance of a road with a design speed of 40 miles per hour.
(4) 
The distance between the center line of streets intersecting at grade with an arterial street shall be no less than 600 feet measured along the center line of the street being intersected based on the safe stopping distance of a road with a design speed of 55 miles per hour.
(5) 
Right angle intersections shall be used whenever possible. No street shall intersect another at an angle of less than 75°.
(6) 
The cartway edge at street intersections shall be rounded by a tangential arc with a minimum radius shown in Appendix 16.[8] The right-of-way radii at intersections shall be substantially concentric with the edge of the cartway.
[8]
Editor's Note: Said appendix is on file in the Township offices.
(7) 
Where appropriate, the Board of Supervisors may require additional traffic lanes to facilitate vehicular turning movements at existing or proposed street intersections within or bordering the site.
(8) 
Where curbs and sidewalks are required or provided, clearly marked crosswalks shall be provided at all intersections. Crosswalks may also be required by the Board of Supervisors at other locations to promote the convenience and safety of pedestrian traffic. The design of crosswalks and the materials used shall be consistent with PennDOT 408 specifications.
S. 
Sight distance at street intersections.
(1) 
Proper safe stopping distance shall be provided with respect to both horizontal and vertical road alignments at all intersections. The sight distance shall be measured from a line 10 feet back from the edge of the cartway of the intersected street perpendicular to the center line of the intersecting street. The sight distance shall be determined by the design speed of the road and the grade of the intersected street in accordance with Appendix 19[9] using the formula: D = [1.47Vt +(V2/(30(F+-G))] where D=distance, V=speed of the oncoming vehicle in miles per hour, t = the reaction time of the driver, F = the coefficient of friction on the vehicle, and G = grade of the intersected street.
[9]
Editor's Note: Appendices mentioned herein are on file in the Township offices.
(2) 
At all intersections, sight triangle easements or dedicated right-of-way shall be required and shall include the area on each street corner that is bounded by the line which connects the sight or "connecting" points located on each of the right-of-way lines of the intersecting street. The planting of trees or other plantings or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements or right-of-way shall be prohibited. A public right of-way shall be reserved for the purpose of removing any object, material or otherwise, that obstructs the clear sight. This requirement shall be noted on the final plan and shall be included in all deeds for lots which contain an easement. The distances shown in Appendix 20 between the connecting points and the intersection of the right-of-way lines shall be required.
(3) 
All streets intersecting a state route shall be subject to the approval of the Pennsylvania Department of Transportation.
T. 
Lot access.
(1) 
The Board of Supervisors may disapprove any point of ingress or egress to any lot, tract, parcel or development from any Township road when the proposed ingress or egress would create unsafe conditions, or result in substandard circulation and impaired vehicle movement.
(2) 
The Board of Supervisors may require the applicant to provide ingress and egress to a particular lot or tract through the remainder of the property or other properties over which the applicant has control.
(3) 
In recommending approval of ingress or egress from any state road or highway, the Board of Supervisors can only recommend those access points that are not in conflict with safety standards of the Pennsylvania Department of Transportation. A highway occupancy permit is required for each access point onto a state road or highway.
(4) 
The receipt of a highway occupancy permit does not assume direct approval of the Board of Supervisors. The Board of Supervisors may require the applicant to reapply for a permit if the location of the permit approved access is in conflict with any provision of this chapter or if the Board of Supervisors feels the location of the access will hinder the safe and efficient movement on any state road or highway or the proper development of the site. In the event that, after such reapplication, PennDOT refuses to modify the highway occupancy permit to conform with the provisions of this chapter, the PennDOT decision shall prevail.
U. 
Cul-de-sac streets. Cul-de-sac streets shall conform with the following:
(1) 
Permanent cul-de-sac streets in residential developments shall not exceed a center line distance of 800 feet in length nor be less than 250 feet in length, measured from the center line intersection with a street which is not a cul-de-sac to the center of the cul-de-sac turn-around, and shall generate less than 250 vehicle trips per day. The latest edition of the ITE Trip Generation Manual shall be used to determine the number of vehicle trips per day projected to use such cul-de-sac street.
(2) 
Permanent cul-de-sac streets in nonresidential developments shall not exceed a center line distance of 800 feet in length nor be less than 250 feet in length, measured from the center line intersection with a street which is not a cul-de-sac to the center of the cul-de-sac turnaround, and shall generate less than 500 vehicle trips per day. The latest edition of the ITE Trip Generation Manual shall be used to determine the number of vehicle trips per day projected to use such cul-de-sac street.
(3) 
Temporary cul-de-sac streets shall comply with the following:
(a) 
Temporary cul-de-sac streets shall not exceed 1,000 feet in length, measured from the center line intersection with a street which is not a cul-de-sac to the center of the cul-de-sac turnaround.
(b) 
Any street which is terminated for access to an adjoining property or because of authorized stage development shall be provided with a temporary, fully paved turnaround in accordance with Subsection K and Subsection L of this section. The use of such turnaround shall be guaranteed until such time as the street is extended.
(c) 
All cul-de-sac streets, whether permanently or temporarily designed, shall be provided at the closed end with a fully paved turnaround to the specifications stated in Subsection K. The developer who extends a street which has been provided with a temporary turnaround shall remove the temporary turnaround and restore the area of the temporary turnaround.
(d) 
All cul-de-sac streets shall be provided with a traffic control sign stating that no outlet exists. Such signs shall comply with all applicable regulations of the Township of East Earl and the Pennsylvania Department of Transportation.
(e) 
The Supervisors may require adequate guarantees and rights-of-way for the full length of the future street which is proposed to connect the temporary cul-de-sac to an existing Township road.
V. 
Bicycle paths.
(1) 
Separate bicycle paths shall be provided when such paths are specified as part of an adopted municipal plan or recommended by the Board of Supervisors.
(2) 
The preferred location of bicycle paths is outside the street right-of-way. Bicycle paths, where located along streets, shall be four-foot wide per traffic lane, and placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. The lanes shall be delineated with markings, preferably striping, full pavement coloring, pavement markers (dots), or recessed reflectors.
(3) 
Bicycle paths which are located outside the street right-of-way shall be a minimum of eight feet wide. Surface materials shall be either bituminous mixes, concrete, limestone dust or an equivalent stabilized material.
(4) 
Gradients of bicycle paths shall not exceed 8%, except for short distances where the grade shall not exceed 15%.
(5) 
Horizontal alignments of bicycle paths shall be based upon the grade of the path entering the curve. Grades less than 5% shall maintain a minimum horizontal radius of 70 feet. All other grades shall maintain at least a one-hundred-twenty-five-foot horizontal radius.
W. 
Carriage lanes.
(1) 
Separate carriage lanes shall be provided when such lanes are specified as part of an adopted municipal plan or recommended by the Board of Supervisors. When required, carriage lanes shall be located adjacent to the outside travel lane of the street cartway and may be contained within the shoulder. When on-street parking is permitted, the carriage lane shall be located between the outside travel lane and the parking lane.
(2) 
Carriage lanes shall be constructed according to the specifications set forth for streets. Carriage lanes shall be a minimum width of eight feet.
A. 
General. The configuration of blocks and lots shall be based upon the lot area requirements, the salient natural features, the existing man-made features, and the proposed type of structure. Lot configurations should provide for flexibility in building locations, while providing safe vehicular and pedestrian circulation. Lots with areas that are two or more times the minimum requirements shall, wherever feasible, be designed with configurations which allow for additional subdivision.
B. 
Residential blocks. All blocks in a residential subdivision shall have a maximum length of 1,500 feet.
C. 
Nonresidential blocks. Blocks in nonresidential areas shall have a maximum length of 1,500 feet, however, this may vary when required by the nature of the use. Adequate provisions shall be made for off-street parking, loading areas and traffic circulation.
D. 
Lot and parcel configuration.
(1) 
Lot and parcel configuration shall conform to Chapter 450, Zoning.
(2) 
Whenever practical, side lot lines shall be radial to street lines.
(3) 
In order to avoid jurisdictional problems, lot lines shall, wherever feasible, follow municipal boundaries rather than cross them. Where a lot is divided by a municipal boundary, the most restrictive municipality standards shall apply.
(4) 
All lots with a width of 60 feet or more shall contain an average depth not less than 1/2 of the average width and not more than four times their width provided that the minimum average depth shall not be less than 75 feet. All lots with a width less than 60 feet shall contain an average depth not less than 75 feet except for those lands located within the Conservation Open Space or Agricultural Districts.
(5) 
All lots shall front on an approved public or private street and maintain a minimum lot frontage at the building setback line and street right-of-way.
(6) 
Double frontage lots are prohibited except where provided as reverse frontage lots. Reverse frontage lots are only permitted when a reduction of driveway intersections along a street with a high volume of vehicular movements is desired. All reverse frontage lots shall include an identification of the frontage for use as a road access. All single-family reverse frontage lots shall have a rear yard with a minimum depth of 75 feet and a planted buffer basement of at least 10 feet in width located immediately contiguous to the street right-of-way. Vehicular access shall be prohibited from the rear of the reverse frontage lots.
(7) 
All remnants of land (areas remaining after subdivision) shall conform to the lot area and configuration requirements.
E. 
Lot size and/or intensity. All lot sizes shall conform to Chapter 450, Zoning.
F. 
Flag lots. Flag lots shall not be created when lots can be designed that directly access a public or private street. The Board of Supervisors at its sole discretion may approve the plotting of a limited number of flag lots when:
(1) 
The flag lots are being used for infill situations in which a "court" is being created by placement of two flagpoles side-by-side and up to four homes are oriented to a common street easement running over the flagpoles.
(2) 
The flag lot is being created to serve one home site in the back of an existing tract of land where there is no potential of street access to the proposed lot.
(3) 
The flag lot is the result of the division of agricultural land to create an additional building site on the least suitable portion of the property for continued agricultural use.
(4) 
The flag lot is the result of the division of conservation or open space land to create an additional building site which will have minimal impact on the conservation or open space land.
(5) 
No more than two continuous flag lots shall be permitted.
(6) 
The "flagpole" or access portion of the flag lot shall maintain a minimum width of 25 feet. The area of the flagpole shall not be included with the area of the "flag" or the body of the lot in satisfying the Township zoning standards for minimum lot size.
(7) 
For the purposes of establishing minimum front yard setbacks, the end of the flagpole section shall be considered as the front lot line from which setbacks are measured.
(8) 
The Board of Supervisors may attach any reasonable conditions to the creation of flag lots as it finds necessary or desirable to provide for the safe and orderly development of land and street systems.
A. 
A building setback line shall be provided along each street and private street. The area in front of the building setback line shall be preserved from structural development.
B. 
The distance to the building setback line shall be measured from the front lot line and shall conform to Chapter 450, Zoning. Setback lines on private streets shall conform to the required local street setback requirements per the Zoning Ordinance.
C. 
In the case of corner lots, the setback from each adjacent street shall apply.
D. 
All building separations and height requirements shall conform to the Zoning Ordinance.
Easements for sanitary sewer facilities, stormwater drainage facilities, public utilities or pedestrian access shall meet the following standards:
A. 
To the fullest extent possible, easements shall be adjacent to property lines.
B. 
Nothing shall be placed, planted, set or put within the area of an easement that would adversely affect the function of the easement or conflict with the easement agreement. This requirement shall be noted on the final plan and shall be included in all deeds for lots which contain an easement.
C. 
Pedestrian easements shall have a minimum width of 10 feet.
D. 
Utility easements shall have a minimum width of 20 feet, and all companies are encouraged to use common easements.
E. 
The applicant shall reserve easements where stormwater or surface water drainage facilities are existing or proposed. Easements shall have a minimum width of 20 feet and shall be adequately designed to provide area for: (1) the collection and discharge of water; (2) the maintenance, repair and reconstruction of the drainage facilities; and, (3) clearly identify who has the right-of-access and responsibility of maintenance. This requirement shall be noted on the final plan and shall be included in all deeds for lots which contain an easement.
F. 
Where any petroleum, petroleum product, electric or natural gas transmission line traverses a subdivision or land development, the applicant shall confer with the applicable transmission or distribution company to determine the minimum distance which shall be required between each structure and the center line of such petroleum or petroleum product transmission line. Additionally, the Board of Supervisors will require, with the final plan application, a letter from the owner of the transmission line stating any conditions on the use of the tract which shall contain the above. In no instance shall any buildings or dwellings be placed within 75 feet of any portion of such right-of-way.
A. 
Permanent stone or concrete monuments shall be accurately placed along at least one side of each street at the beginning and end of all curves and at all angles.
B. 
Markers shall be set at the points where lot lines intersect curves and/or other property lines.
C. 
Monuments shall be concrete, with a flat top having a minimum length of 30 inches. Cast-in-place or precast concrete monuments shall be marked with center punch mark in a 3/4-inch copper or brass dowel. Metallic markers shall consist of copperweld bars at least 30 inches along and not less than 3/4 of an inch in diameter. Alternative monumentation methods will be at the discretion of the Township Engineer. All monuments shall be inscribed with a proper inscription indicating the name of the surveyor responsible for the survey.
D. 
All monuments and markers shall be placed by a registered engineer or surveyor so that the scored or marked point shall coincide exactly with the point of intersection of the lines being monumented or marked.
E. 
All existing and proposed monuments and lot line markers shall be delineated on the final plan.
All stormwater management, collection, conveyance, erosion control and floodplain considerations shall be accomplished in accordance with the provisions of the Township Stormwater Management Ordinance[1] as well as the following:
A. 
Erosion and sedimentation. All development applications which involve grading or excavation shall conform to the requirements of Chapter 102 of the regulations of the Department of Environmental Protection, as amended from time to time. It shall be the responsibility of the applicant to secure all approvals required by the Department of Environmental Protection, and approval of plans by the Board of Supervisors shall not be construed as approval under any regulation of the Department of Environmental Protection or other regulatory body.
B. 
Floodplains. Floodplain areas shall be established and preserved as provided by the more restrictive requirements of Article XIV, Floodplain Management, of Chapter 450, Zoning, or as provided below:
(1) 
A one-hundred-year floodplain shall be established for all watercourses and shall be delineated by one of the following methods:
(a) 
A hydrologic report prepared by an individual registered in the commonwealth to perform such duties.
(b) 
A hydrologic report prepared by an agency of the County, state or federal government.
(2) 
Whenever a floodplain is located within or along a lot, the plan shall include: the boundary of the floodplain and the elevation or locational dimensions from the center line of the watercourse; a plan note that the floodplain shall be kept free of structures, fill and other encroachments; and a plan note that floor elevations for all structures adjacent to the floodplain shall be two feet above the one-hundred-year flood elevation. The foregoing shall not be construed as a prohibition of the following uses and structures, provided such uses and structures are in compliance with Subsection B(3), below, and all other requirements of this chapter and Chapter 450, Zoning:
(a) 
Stormwater management facilities.
(b) 
Stream improvements whose sole purpose is to improve aquatic life habitat and which are approved by the Pennsylvania Fish Commission.
(c) 
Farm ponds.
(d) 
Floodproofing and flood hazard reduction structures to protect existing buildings.
(e) 
Public and private utility facilities, except buildings.
(f) 
Water-oriented uses (except buildings) such as docks, piers, boat launching ramps and hatcheries.
(g) 
Water monitoring devices.
(h) 
Culverts, bridges and their approaches for floodplain crossings by streets, alleys and driveways.
(3) 
Plans for any of the uses and structures listed in Subsection B(2), above, shall be incorporated into the design plans and shall be subject to approval by the Board of Supervisors. The plans shall demonstrate that the proposed uses or structures do not increase the height or the frequency of floodplain water; allow the unrestricted passage of floodplain water; are installed so as to withstand the maximum volume, velocity and force of the floodplain water; are flood and flotation proof; do not create unhealthy or unsanitary conditions; do not degrade the quality of surface water or groundwater; and do not violate the provisions of Chapter 450, Zoning.
(4) 
The inclusion of a floodplain within lots in order to meet the minimum lot area and/or yard requirements shall be permitted, provided each such lot contains sufficient area exclusive of the floodplain for buildings and, when applicable, on-lot sewage system.
(5) 
It is recommended that the five-hundred-year floodplain corridor be identified on plans and that any structures located between the one-hundred-year and five-hundred-year floodplain be floodproofed to the limits of the five-hundred-year floodplain corridor.
[1]
Editor's Note: See Ch. 358, Stormwater Management.
Street trees. Street trees shall conform to the following standards:
A. 
The trees shall be nursery grown in a climate similar to that of the locality of the project. Varieties of trees shall be subject to the approval of the Township.
B. 
All trees shall have a normal habit of growth and shall be sound, healthy and vigorous; they shall be free from disease, insects, insect eggs and larvae.
C. 
The trunk diameter, measured at a height of six feet above finished grade shall be a minimum of 2 1/2 inches.
D. 
Trees shall be planted between the street right-of-way line and the building setback line except where the Township has authorized placement of trees within the street right-of-way. The tree growth shall not interfere with the street cartway, sidewalk, utility line or clear sight triangle.
E. 
All planting shall be performed in conformance with good nursery and landscape practice.
F. 
Requirements for the measurements, branching, grading, quality, balling and burlapping of trees shall follow the code of standards recommended by the American Association of Nurserymen, Inc., and in the American Standard for Nursery Stock, ANSI Z60, 1-1973, as amended.
G. 
One street tree shall be provided for each building containing two or fewer dwelling units and two trees for buildings containing three or more dwelling units.
H. 
A minimum of one street tree shall be provided for each residential lot, and spaced not fewer than 40 feet nor more than 60 feet apart along the entire length of each existing or proposed street. In commercial and industrial zoning districts street trees shall be provided and spaced not fewer than 40 feet nor more than 60 feet apart along each street frontage.
I. 
Proposed street tree locations shall be identified on a plan to be provided to the Township and approved by the Board of Supervisors.
J. 
Street trees may be one of the following species:
Acer rubrum cultivars
Red maple
Acer saccharum
Sugar maple
Aesculus x cornea
Red horsechestnut
Cladrastus lutea
American yellowwood
Fraxinus pennsylvania
Green ash
Gleditsia triacanthos inermis
Thornless honey locust
Ginkgo biloba
Maidenhair tree (male only)
Liquidambar styraciflua
Sweet gum
Nyssa sylvatica
Black tupelo
Ostrya virginiana
Hop hornbeam
Quercus acutissima
Sawtooth oak
Quercus coccinea
Scarlet oak
Quercus palustris
Pin oak
Quercus phellos
Willow oak
Quercus rubra
Red oak
Tilia cordata
Littleleaf linden
Tilia x euchlora
Crimean linden
Tilia tomentosa
Silver linden
Ulmus parvifolia
Lacebark elm
Zelkova serrata
Japanese zelkova
K. 
Other tree species may be used provided acceptable information submitted to indicate that the species are hardy street trees.
Ground cover shall be provided on all areas of the project to prevent soil erosion. All areas which are not covered by paving, stone or other solid material shall be protected with a maintained vegetative growth.
A. 
DEP planning requirements. As required by DEP, sewage facilities planning approval is required for all subdivisions and all projects on existing lots that propose sewage flows of 800 gallons per day or more. Such approval shall be in the form of a DEP approved planning module for land development or a Form B Nonbuilding Waiver. The Township shall require evidence of such DEP planning approval prior to the final plan approval or the Board of Supervisors may, at its discretion, condition the approval of the final plan that such DEP approval be obtained.
B. 
Sanitary sewage disposal. The applicant shall be required to connect to the public sewer system in accordance with the East Earl Sewer Authority provisions.
(1) 
The applicant shall provide the type of sanitary sewage disposal facility consistent with the planning module for land development.
(2) 
The final plan application shall include a statement from the East Earl Sewer Authority indicating the approval of the plans for design, installation and required financial security.
(3) 
The sewerage installation shall be in accordance with the specifications of the East Earl Sewer Authority. The East Earl Sewer Authority shall establish requirements for the ownership and maintenance of such system.
C. 
On-lot sewage disposal. Where on-site sanitary sewage disposal facilities are to be utilized, each lot so served shall be of a size and shape to accommodate the necessary subsurface sewage disposal system and a replacement system at a safe distance from building and water supply in accordance with 25 Pa. Code Chapter 73, as amended. Approval shall be received from the Township Sewage Enforcement Officer of the proposed system prior to final plan approval.
D. 
Public water supply. The applicant shall connect to the existing public water system if the proposed subdivision or land development is located within the existing service area boundaries as delineated in the East Earl Township Act 537 Plan. All public water supply systems shall comply with the following:
(1) 
The locations and kind of fire hydrants shall be in accordance with the specifications of the Authority in concert with the local fire department thread requirements. Fire hydrants shall be located at street intersections no more than 10 feet from the curb. All fittings shall be national standard threads. The large fitting shall face the street and be a minimum of 16 inches above the ground level. A copy of the approval of such system by the Authority shall be submitted.
(2) 
The final plan application shall include a statement from the Authority indicating the approval of the plans for design, installation and required financial security.
(3) 
The installation and construction shall be in accordance with the specifications of the Authority. The Authority shall establish requirements for the ownership and maintenance of such system.
(4) 
All components of the water supply system shall comply with the minimum horizontal isolation distances established by 25 Pa. Code § 73.13.
E. 
Individual water supply. Where an individual on-site water supply system is to be utilized, each lot so served shall be of a size and shape to allow safe location of such a system, in accordance with all applicable standards. Individual water supplies shall comply with the minimum horizontal isolation distances established by 25 Pa. Code § 73.13.
F. 
Aquifer test required. Prior to the subdivision of land into lots which would be served by individual wells in areas or in proximity to areas of known groundwater contamination or inadequate yields of potable supplies, aquifer and water quality tests shall be performed. Areas of known groundwater problems shall be mapped and such information shall be maintained in the offices of the Township.
(1) 
Areas of known groundwater problems shall include:
(a) 
Areas underlain by serpentinic or schistostic geologic formations.
(b) 
Areas in proximity (one mile) of sinkholes, ghost lakes or drainage entering the ground.
(c) 
Contaminated aquifers, including designated cleanup sites.
(d) 
Other areas with documented water quantity or quality problems, including pollutants in excess of federal safe drinking water standards.
(2) 
Aquifer test standards and procedures. No person shall develop land within an area of known groundwater quantity problems without administering and passing on said land the aquifer test required by this section in compliance with the following objectives, standards, methods and procedures:
(a) 
Test objective. The objectives of an aquifer test shall be one or more of the following:
[1] 
To obtain sufficient data for the calculations of aquifer performance, including the coefficients of transmissibility and storage, permeability and specific yield.
[2] 
To determine the location and character of geologic boundaries.
[3] 
To ascertain the effects of well interference.
[4] 
To provide a guide in the spacing of wells for the development of well field.
(b) 
Test standard. The aquifer test shall establish that the proposed well is capable of supplying potable water at the minimum rate of 400 gallons per day per unit of occupancy at a demand rate of not less than eight gallons per minute for one hour, either with or without the use of a storage system.
(c) 
Test supervision and evaluation. The aquifer test shall be conducted under the supervision of a qualified geologist or professional engineer, using testing procedures hereinafter set forth. The geologist or engineer shall be responsible for notifying the Township five working days prior to the start of the test. He or she will also summarize the test and its significance and make recommendations as to the suitability of the well or wells for the intended uses. The final report of the supervising person shall include an opinion as to whether the proposed use of the well will have an impact upon other existing wells in the immediate surrounding area. The supervising person shall provide the Township with a copy of all field notes and test results.
(d) 
Test method. The method for conducting the aquifer test shall be as follows:
[1] 
An aquifer test shall be conducted for a minimum of 12 hours at a constant rate of pumping. The pumped well shall be the one proposed for the specific subdivision or land development for which the test is conducted. Two observation wells which have hydraulic continuity with the pumped well are required. The preferred method of analysis of the aquifer test data is the nonequilibrium formula, although other methods are available and may be used. These include various methods of analysis of either the drawdown or recovery data.
(e) 
Collection of data. Data shall be collected in conjunction with the aquifer test as follows:
[1] 
Prior to the test.
[a] 
Collection of geologic data of the area to be tested, including well logs, if available.
[b] 
History of water-level fluctuations in the area when available.
[c] 
The location, relative elevations and static water levels in the pumped well and the observation well or wells.
[d] 
The expected discharge of the pumped well.
[2] 
During the test. Standard aquifer test field data sheet will be required for a pumped well and each observation well. The data sheet shall include columns for listing:
[a] 
The date.
[b] 
Clock time.
[c] 
Elapsed time since pumping started/stopped (in minutes+seconds).
[d] 
Depth to water below land surface.
[e] 
Drawdown or recovery (in feet) + tenths.
[f] 
Observed discharge at specified intervals.
[3] 
Following the test. In accordance with recognized principles of well hydraulics, graphs shall be prepared to show time drawdown and time recovery for the pumped well and the observation wells. A distance drawdown graph will be required for anticipated rates of pumping. Computation of the coefficients of transmissibility and storage as well as the rate of pumping, time and drawdown are required as well as other data which may be considered necessary to satisfy the test objectives.
G. 
Water quality test. No person shall develop land within an area of known groundwater quality problems without conducting a water quality test. In addition, a water quality test shall be conducted concurrently with any aquifer test required in Subsection F of this section. Such tests shall be conducted by a certified laboratory. The quality of the water tested shall meet the minimum public health drinking water standards set forth in the national safe drinking water regulations of the Environmental Protection Agency as it presently exists or may hereafter be amended, or be capable of treatment to attain said standard of quality. No person shall divide or use land unless the water to be supplied by the proposed water system meets the minimum standards set forth herein.
H. 
Criteria for a request of exemption. A proposed land development or subdivision which intends to use a groundwater source to supply water to the property may be exempted from these requirements by the Township Board of Supervisors if one or more of the following criteria are satisfied:
(1) 
The proposed project is located 1/4 mile or less in the same geologic unit, from a previous aquifer test, within the past two years, and the previous test showed transmissibility (T) values greater than 1,000.
(2) 
The proposed project has had two aquifer tests on different sides of the proposed project within 1/2 mile in the same geologic unit within the past two years, with "T" values greater than 1,000.
(3) 
The proposed land development or subdivision is recommended for exemption by a qualified geologist based upon certified hydrogeological information.
(4) 
If Subsection G, above, applies to the proposed project and the documented water problem relates to quality and not quantity, then the aquifer test may be exempted. However, a water quality test must be conducted.
All subdivisions or land developments containing 25 or more dwelling units, or nonresidential buildings containing 20,000 or greater square feet of gross floor area shall be provided with at least two separate and distinct means of access to the subdivision or land development.
A. 
Access may be provided through the location of two or more public or private streets, each of which intersects with an existing public street. Such public or private streets shall meet all the requirements of this chapter concerning design and construction.
B. 
Access for a land development may be provided through two or more driveways into the land development. Such driveways shall be separated by a distance of at least 150 feet and shall comply with all requirements of this chapter.
C. 
If the applicant is unable to provide access to the subdivision or land development through two or more public or private streets each of which intersect with an existing public street, an emergency access shall be provided.
(1) 
The emergency access shall be improved so that emergency vehicles may safely transverse it and shall be indicated on the plans.
(2) 
The emergency access shall be acceptable to the providers of emergency services within the Township. Applicants proposing to provide emergency access shall submit evidence of such approval.
(3) 
The emergency access may be located so that access to the subdivision or land development is gained from a public street at a location unsuitable for regular access with an existing public street.
(4) 
The emergency access may be located so that access is gained from an adjacent tract. For example, a subdivision or land development adjoining a parking lot of another use may provide emergency access through a point with a break chain. Applicants with plans indicating emergency access through an adjoining private tract shall provide evidence that the adjoining property owner has consented to such emergency access location.
A. 
Lighting for highway safety shall be provided at entryways to commercial and industrial land developments, and in parking lots adjacent to public streets.
B. 
Lighting shall be provided in accordance with an illumination plan designed by Pennsylvania Power and Light or in conformance with the EIS lighting standards contained in Appendix 23.[1]
[1]
Editor's Note: Said appendix is on file in the Township offices.
C. 
Spacing of standards shall be equal to approximately four times the height of the standard.
D. 
The maximum height of standards shall not exceed the maximum building height permitted, or 25 feet, whichever is less.
E. 
The height and shielding of lighting standards shall provide proper lighting without hazard to drivers or nuisance to residents, and the design of lighting standards shall be of a type appropriate to the development and the Township.
F. 
Spotlights, if used, shall be placed on standards pointing toward the buildings and positioned so as not to blind the residents, rather than on the buildings and directed outward which creates dark shadows adjacent to the buildings.
[Added 1-9-2006 by Ord. No. 139]
A. 
Dedication. All plans for residential subdivision of land or residential land developments shall provide for the dedication of land for park and open spaces uses, and/or, upon agreement by the applicant, the construction of recreation facilities, the payment of fees in lieu thereof, the private reservation of land, or any combination thereof. All dedications of land for park and open space purposes shall be consistent with plans and standards contained within the Eastern Lancaster County Region Recreation Park and Open Space Plan.
B. 
General requirements. Applicant shall designate areas of residential subdivisions or residential land developments for parks, playgrounds, or other public open space and recreational uses in accordance with the provisions of the Eastern Lancaster County Region Recreation Park and Open Space Plan. The applicant shall make an irrevocable offer of dedication for such land to the Township as required by the Board of Supervisors. Title to such land shall be good and marketable, free of liens or other defects, and acceptable to the Township Solicitor. The Board of Supervisors may, upon agreement of the applicant, authorize the transfer of the land to a homeowner's association or to a nonprofit corporation whose purpose is the conservation or preservation of land.
C. 
Amount of land to be dedicated. The amount of park and open space land to be dedicated shall be equal to, and in conformance with, standards expressed in the Eastern Lancaster County Region Recreation, Park and Open Space Plan.
(1) 
If the applicable plan specifically designates a future park site within the acreage of the tract proposed for development, all subdivision plans shall be designed in conformance with such designation in that all land required to be dedicated shall correspond to the location of the future park site.
(a) 
Should the amount of land required to be dedicated exceeds the acreage of the future park site as designated within the applicable plan, the development proposal shall provide for such additional area to be located in a manner that best serves future residents of the propose development.
(b) 
Should the amount of land required to be dedicated falls short of the acreage of the future park site as designated within the applicable plan or if the proposed development involves only a portion of the development rights afforded to the tract, the applicant shall reserve that portion of the future park site which will best serve the immediate development. In addition, a sketch plan shall be prepared to depict how full build-out of the site will be accomplished in a manner that respects the location of the future park site and ensures its accessibility to all future dwellings on the tract. As an alternative to such piecemeal dedication the Township may opt to purchase that portion of the future park site, in which case, the future dedication of land associated with the development of the tract would proceed in accordance with the provisions of § 380-47I.
D. 
Fee in lieu of dedication. The applicant may, with the consent and approval of the Board of Supervisors, elect to pay a fee to the municipality in lieu of the park and open space dedication.
(1) 
The amount of any fee to be paid in lieu of dedication of land shall be established by resolution to be adopted by the Board of Supervisors, and shall be subject to amendment or revision by the adoption of subsequent resolutions.
(2) 
Such fee shall be payable at such times as shall be set forth in the resolution adopted by Board of Supervisors.
E. 
Parkland acquisition fund. All fees paid by the developer in lieu of dedication of park and open space land shall be paid to the Township and upon its receipt shall be deposited in a separate interest-bearing account. Fees deposited to this account shall be administered as required by the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F. 
General design criteria. Except as provided in § 380-47G and H, the type of areas to be dedicated for park and open space land within a subdivision or land development plan shall principally involve neighborhood parks which are defined as "those parks providing primarily active outdoor recreational opportunities located within 1/2 mile radius from a majority of the residences to be served thereby." Exceptions to this will be when dedications are made to a community park which serves the subdivision and is located within a two mile radius of the majority of the residences to be served, or a County park which serves residences located within a 10 mile radius. The land set aside for park and open space uses shall meet the following design criteria:
(1) 
The park and open space land shall be reasonably located so as to serve all of the residents of the subdivision or land development.
(2) 
The park and open space land shall be accessible from a street either directly or by pedestrian connection or shall adjoin and become a part of an already existing public park or open space area that is accessible from a street. Where access to the park is by public road the width of the frontage shall be minimum length deemed necessary by the municipality for access visibility of the site and public safety.
(3) 
No more then 25% of the park and open space land shall contain detention basins or other stormwater management facilities, or be located within a floodplain or wetland unless such area is part of a linear trail or green way along an existing watercourse. In all cases, land containing detention basing or other stormwater management facilities, floodplains, or wetlands, must be suitable for public recreation use without compromising the function of these areas.
(4) 
The park and open space land shall be compact and contiguous unless the land is located adjacent to and combined with existing park and open space land, or specific topographic features require a different configuration. An example of such topographic features would be the provision of linear public open space along a scenic creek.
(5) 
When public park and open space land exists adjacent to the tract to be subdivided or developed, the park and open space land shall be located to adjoin and enlarge the presently existing park and open space land.
(6) 
The park and open space land shall be accessible to utilities such as sewer, water and power that are provided within the subdivision, and if so, the developer shall extend such utilities to the park and open space land.
(7) 
If the developer is planning to construct facilities for recreation on the dedicated property as an amenity for the development, such facilities shall be constructed in accordance with current standards established by the National Recreation and Park Association. Where applicable, facilities constructed shall also comply with the accessibility guidelines of the Americans with Disabilities Act of 1990. Playground equipment constructed or placed on parkland shall be in compliance with guidelines from the Consumer Products Safety Commission.
G. 
Existing trails.
(1) 
When a subdivision or land development is traversed by or abuts an existing public trail, customarily used by pedestrians and/or equestrians, the applicant shall make provision for the continued recreational use of the trail, subject to alterations of the course of the trail within the boundaries of the development under the following conditions:
(a) 
The points at which the trail enters and exits the tract shall remain unchanged.
(b) 
The proposed alteration exhibits quality trail design according to the generally accepted principles of landscape architecture.
(c) 
The proposed alteration does not run coincidentally with the paved road intended for use by motorized vehicles.
(2) 
The land set aside for the continuation of such exiting trail shall be counted towards the amount of park and open space land.
H. 
Trails and linear parks. The trail or linear park shall conform to any applicable municipal master park and open space plan, any county-wide trail and recreation master plan, and appropriate municipal and County comprehensive plans. The Board of Supervisors may require, as a condition of final plan approval, the dedication and improvement of trails and linear parks, which may be credited toward the park and open space land requirement. Trails and linear parks developed and dedicated for public use may be credited toward the park and open space land requirement provided that such trails and linear parks meet the following standards:
I. 
Municipal fund reimbursement. The Township may from time-to-time decide to purchase land for parks in or near the area of actual or potential development. If the Township does purchase park and open space land within a distance of 1/2 mile, subsequent park and open space land dedications within that area may, upon agreement with the applicant be in cash only and shall be calculated on a percentage basis to reimburse the Township's actual cost of acquisition and/or cost of development of such land for park and open space purposes. The cash amount shall be equal to the sum of the average price per acre of such land plus the actual costs of adjacent streets and on-site utilities (or an estimate of such actual costs provided by the Township Engineer) dived by the number of lots or dwelling unit in the development.
J. 
Additional recreation reservations. The provisions of this section are minimum standards and shall not be constructed as prohibiting a developer, with the approval of the Board of Supervisors, elect to fulfill the open space requirements through the private reservation of a recreation area.
K. 
Private reservation of land. Notwithstanding anything contained in the above sections, the applicant may, with the consent and approval of the Board of Supervisors, elect to fulfill the open space requirement through the private reservation of a recreation area.
(1) 
Any project that proposes the private reservation of land shall be accompanied by an agreement, which is acceptable to the Township Solicitor, and which shall be recorded prior to or concurrent with the preliminary plan approval. Such agreement shall stipulate:
(a) 
That maintenance of the designated open space is the responsibility of the applicant, a homeowners' association, a condominium unit owners' association, or other recognized conservation organization.
(b) 
The availability of such private open space to nonresidents of the development.
(c) 
The method by which the private reservation may be offered for public dedication.
(d) 
That the land cannot be developed for anything other than open space purposes.
(e) 
That the land cannot be sold or disposed of by the association except to another organization formed to own and maintain said open space and without first offering to dedicate the land and improvements to the municipality.
(2) 
If such lands are to become common elements of a homeowners' or condominium unit owners' association of any type, then such association's organizational bylaws must conform to the requirements of applicable state law.
L. 
Construction of recreation facilities. Notwithstanding anything contained in the above sections, the applicant may, with the consent and approval of the Board of Supervisors, elect to fulfill the open space requirements through the construction of recreational facilities. All approved recreation faculties constructed in lieu of land dedication shall be completed and dedicated to the municipality before 50% occupancy has been reached in any applicable subdivision or land development. The Township may avail itself of all remedies provided by the Pennsylvania Municipalities Code, including, but not limited to, the withholding of permits to ensure complain ace with this provision.