Township of South Whitehall, PA Article VI Location and Standards of Improvements for All Subdivisions

§ 312-34 General principles.

A. Duties of Planning Commission. The Planning Commission shall review the provisions of this article as applicable and as provided by §§ 312-11D, 312-13D, and 312-22D.

B. Except as otherwise provided for in this chapter, the Township standard construction documents will govern/control/pertain.

C. Requirements to preserve natural and historic features and to eliminate hazardous conditions. The Township Planning Commission shall require that the design and development of all subdivisions shall preserve insofar as possible all natural and historic features which will add attractiveness by providing parks, adequate open space for recreation, light and air for proper distribution of population, thereby creating conditions favorable to the health, safety, morals and general welfare of the citizens and for the harmonious development of the Township. Some of these features are large trees or groves, watercourses and falls, historic areas and structures, exceptional scenic views and other community assets. Land subject to hazardous conditions, such as open quarries, unconsolidated fill, floods, precipices, and water supply which does not meet U.S. Public Health Service standards, shall not be subdivided until the hazards have been eliminated or will be overcome by the subdivision and proposed construction.

D. Open space and community facilities. In reviewing subdivision plans, the Township Planning Commission and developer shall consider needs for and may require open space uses and community facilities.

E. Location of site. The location of proposed subdivisions shall be viewed with regard to the following:

(1) Comprehensive Plan and Official Map. The subdivision should conform to any applicable provisions of the Township Comprehensive Plan and Official Map which are used as the basis for zoning and other regulated activities.

(2) Zoning. The use of land in the subdivision must conform to the Township Zoning Ordinance.[1] With the exception of PRD developments, if the proposed subdivision violates any provision of the South Whitehall Township Zoning Ordinance, the developer shall first obtain the required variance from the Zoning Hearing Board before proceeding beyond the sketch plan phase.

[1] Editor's Note: See Ch. 350, Zoning.

(3) Nearby development. A subdivision should be coordinated with existing nearby developments or neighborhoods so that the area as a whole may be developed harmoniously.

§ 312-35 Courses of travel.

A. General requirements.

(1) Approval of plans. All plans for street improvements, whether public or private, must be approved by the Township Engineer.

(2) Names. Streets, alleys and trails shall have the names of existing streets, alleys and trails which are in alignment in the Township or in adjoining municipalities. Names of streets in a section of a subdivision shall have a common relationship subject, e.g., names of great poets, wild flowers, or Indian tribes. There shall be no duplication of street, alley or trail names within the Township. The Community Development Department shall monitor the issuance and usage of street names within the Township.

(3) Street signs. Reflectorized street name signs shall be placed at all street intersections. Their design, size, and height shall conform to Township standards.

(4) Street addresses. House numbers for street-addresses shall be assigned by the Township Engineer and shown on a plan to be recorded.

(5) Regulatory and warning signs. The applicant shall conduct traffic studies (e.g., speed limit and stop sign) using PennDOT traffic engineering forms when available on all roads within and adjacent (when required by the Board of Commissioners) to a subdivision or land development. Regulatory and warning signs necessitated by said studies shall be erected by the applicant at locations approved by the Township. The costs for any new traffic control signs, ordinances, advertising, etc., shall be the responsibility of the applicant.

(6) Intersections.

(a) Intersections. Intersections of local streets, alleys and trails with collector streets shall be kept to a minimum. Intersections of local streets, alleys and trails with arterial streets shall not be permitted unless otherwise approved by the Board of Commissioners with the advice of the Township Engineer.

(b) Number of streets at intersection. No more than two streets and/or alleys shall intersect at one point.

(c) Angle of street intersections. Streets and/or alleys shall intersect at 90°, except where this may be impractical. Angles of less than 90° but greater than 75° may be designed, subject to the approval of the Township Board of Commissioners upon the recommendation of the Township Engineer.

(d) Developers are encouraged to use "T" intersections.

(e) Center lines of intersecting streets. Two streets intersecting a third street from opposite sides shall either intersect with a common center line, or their center lines shall be offset (see diagram) a minimum distance of:

[1] Eight hundred feet, if Street "B" is an arterial street.

[2] Four hundred feet, if Street "B" is a collector street.

[3] One hundred fifty feet, if street "B" is a local street or an alley.

INTERSECTIONS

Distance specified in § 312-35A(6)(e)

(f) Clear sight triangles.

[1] At every intersection of a public street, private street, alley, trail, or commercial driveway with a public street there shall be triangular areas deemed to be clear sight triangles. A clear sight triangle shall be determined by the intersecting center lines and a diagonal line connecting the two points, one at each center line. The distance of each point from the intersection of the street or driveway center lines, as applicable, shall be as specified by PennDOT's intersection sight distance or formula sight distance, in the latest edition of AASHTO's "A Policy on Geometric Design of Highways and Streets," as applied by PennDOT.

[2] There shall be no obstruction of vision between a height of two feet and 10 feet above the center line grade of the street within the clear sight triangle.

[3] Clear sight triangles shall be graded as necessary and kept clear of any buildings, plantings, or other obstructions.

[4] Areas between the edge of cartway and the outer edge of the outer travel lane within any clear sight triangle shall be designated as no-parking areas with appropriate signage and/or curb painting.

B. Streets.

(1) General requirements.

(a) Street plan. Proposed streets shall be properly related to the road and highway plans of the state, county and Township.

(b) Through traffic. Local residential streets shall be laid out to discourage through traffic, but provisions for street connections into and from adjacent areas will be generally required.

(c) Street classification. Street classifications are as designated on the Township Official Map.

(2) Types of streets.

(a) Public thoroughfare or through street.

(b) Public streets that are not thoroughfares:

[1] Dead-end streets. Dead-end streets, other than stub and cul-de-sac streets, shall be prohibited, except as hereinafter provided.

[2] Stub streets. To provide an integrated street system, all stub streets of abutting subdivisions shall be incorporated into the proposed street system. Stub streets greater than 200 feet in length shall be provided with a temporary turnaround to the standards required for culs-de-sac, unless otherwise approved by the Township Engineer. Type III barricades which meet Township specifications shall be placed as barricades at the end of every stub street constructed as part of a subdivision.

[3] Culs-de-sac. Permanent cul-de-sac streets may be permitted, and must be provided with a right-of-way at the turnaround of fifty-two-foot radius or more and the curb radius must be 40 feet or more. For purposes of this chapter, a "cul-de-sac" means any street or portion thereof which has only one point of access to another public road, and which has a turnaround at any end thereof which does not connect to another public road. Cul-de-sac streets shall have a minimum length of 250 feet (subject to PennDOT's recommendation to qualify for liquid fuels reimbursement) and may not be longer than 400 feet, measured from the point of the center line intersection between the cul-de-sac street and the street which provides access to the rest of the public road system, along the center line of the cul-de-sac, to the place where the turnaround begins. In addition, no turnaround in a cul-de-sac may be longer, at its longest diameter, than 120 feet. No cul-de-sac or cul-de-sac system shall furnish access to more than 15 dwelling units, including corner lots, whether or not they face on the cul-de-sac street. Where one cul-de-sac street connects with another street that has only one point of access with another public road besides the first cul-de-sac, such as a system diagrammed below, both streets shall be considered to be one single cul-de-sac system. The length of the cul-de-sac system shall be equal to the longest length from the single point of access of the entire system to the public road system to any turnaround. A snow dropoff area shall be provided at the terminus of the turnaround area. The snow dropoff area shall be 28 feet wide and 20 feet deep from the street curbline. The snow dropoff area shall be centered on the center line of the street as the street approaches the turnaround area. The snow dropoff area shall be contained in an easement and shall be free of utility terminal boxes, mailboxes, fire hydrants and other facilities that may hamper snow storage, or may require accessibility during snow periods. Street curb located within the snow dropoff area shall be depressed. If applicable, sidewalk shall be located outside the snow dropoff area. The snow dropoff area shall be a permeable surface.

CUL-DE-SAC STREET SYSTEM

(c) Private streets. A cartway width less than 36 feet may be approved by the Planning Commission and/or Board of Commissioners, provided that all other engineering requirements are complied with.

(3) Right-of-way and cartway standards.

(a) General requirements.

[1] Curbs.

[a] Curbs are required on all public and private streets. Curbs are also required for the ingress and egress of all parking lot access drives and nonresidential driveways.

[b] Curbs are required in all internal driveways and private streets or roadways and off-street parking facilities with the exception of a single detached dwelling and two-unit dwellings.

[c] Curbs are required at all intersections and shall be rounded by a minimum radius of 30 feet and extend 20 feet beyond the point of tangency. Larger radii may be required by the Township Engineer.

[d] Types of curbs permitted.

[i] Cement concrete curb.

[ii] Belgian Block granite curb.

[e] Curb specifications shall be in accordance with the Township standard construction documents (latest revision).

[f] Gutters. Gutters to facilitate drainage, pursuant to § 312-39, shall be constructed on all streets to plans approved by the Township Engineer.

[i] When curbs are utilized, the Township Engineer may require paving of streets to a special cross-section to facilitate drainage.

[ii] The minimum longitudinal grade across an intersection where storm sewers are not available shall be 2%. Grades less than 2% but greater than or equal to 1% may be used across an intersection if inlets are provided on the upstream side of each street to collect stormwater prior to its crossing the intersection.

[2] Sidewalks.

[a] Sidewalk requirements along public streets or private ways.

[i] To provide adequate and proper pedestrian circulation, sidewalks shall be required within all subdivisions. The location and width of such sidewalks shall be in accordance with the Township standard construction documents (latest revision) unless approved otherwise by the Board of Commissioners.

[b] Location, width and type of construction permitted. All sidewalks shall be constructed in accordance with the Township standard construction documents (latest revision) unless approved otherwise by the Board of Commissioners.

[3] Installation of ramps. Concrete curb ramps shall be constructed at all crosswalk locations so as to make the transition from sidewalk to street easily negotiable for handicapped persons in wheelchairs and for other persons who may have difficulty in making the required step up or down from curb level to street level. Concrete curb ramps shall also be installed between the parking area and sidewalk area of commercial, industrial, institutional and public buildings. All such ramps shall be constructed or installed in accordance with the Township standard construction documents (latest revision), the designs and specifications currently utilized by the Pennsylvania Department of Transportation, the Americans with Disabilities Act, and the International Building Code (as applicable).

[4] Concrete driveway aprons. Concrete driveway aprons shall be installed for all driveways which will cross an existing or proposed sidewalk. The apron shall be constructed in accordance with the Township standard construction documents (latest revision).

[5] Horizontal curves. To ensure adequate sight distance, when street center lines deflect more than 1%, connection shall be made by horizontal curves. The minimum center line radii for local streets shall be 150 feet, and of all other streets shall be 300 feet. A minimum tangent of 100 feet shall be required between reverse curves and between a curve and street intersection. Design of horizontal curves shall be on the basis of the proposed posted speed limit. The development plan must identify the designated design speed for each street. The designated design speed is subject to Township approval. The posted speed limit shall not exceed the design speed limit.

[6] Vertical curves. Vertical curves shall be used on changes of grade exceeding 1%. The minimum lengths (in feet) of vertical curves shall be according to AASHTO's "A Policy on Geometric Design of Highways and Streets." Vertical curves shall be consistent with the proposed posted speed limit. The development plan must identify the designated design speed for each street. The designated design speed is subject to Township approval. The posted speed limit shall not exceed the design speed limit.

[7] Vertical grades. Unless otherwise approved by the Board of Commissioners, upon the recommendation of the Township Engineer, the maximum and minimum grades on streets shall be:

Type of Street	Maximum Grade	Minimum Grade
Arterial	5%	1%
Collector	6%	1%
Local	7%	1%

[8] Street construction standards.

[a] Grading.

[i] Right-of-way grading. The entire right-of-way shall be graded to the approved cross section, in accordance with Township standard construction documents (latest revision) unless specifically waived by the Board of Commissioners.

[ii] Grading beyond right-of-way. Where the approved profile of the center line requires excavation or landfill to a depth exceeding 12 inches in a single-family residential subdivision with a maximum density of 2.0 dwelling units/acre, or exceeding six inches in all other subdivisions, the developer shall grade beyond the right-of-way line in order to provide a continuous slope from the right-of-way line to the proposed elevation of the abutting property.

[A] Such grading shall be done to a maximum slope of four feet vertical to one foot horizontal in areas of rock excavation.

[B] Such grading shall be done to a maximum slope of one foot vertical to three feet horizontal in areas of earth excavation or earth fill.

[b] Shoulder/swale treatment. If the Board of Commissioners elects to waive the curb requirement, the roadside shall be treated as follows:

[i] Full-width and full-strength pavements as required by the typical road cross sections shall be constructed. The outer seven-foot-wide portions of both sides of the pavement and/or pavement areas as determined by PennDOT and/or the Township Engineer shall be considered as shoulder areas and shall be delineated by a painted white line.

[ii] A minimum two-foot-wide turfed area shall be provided between the outer edge of shoulder and the inside top of the drainage swale.

[iii] Swales shall be deep enough to drain the road subgrade. Side slopes shall not exceed two horizontal to one vertical (2:1), and depths shall not exceed 1.5 feet without special protection.

[iv] Where street center line grades exceed 5% or where the calculated velocity of flow in the swale exceeds four fps, a subsurface piping system shall be provided in the swale to collect and convey stormwater.

[c] Subbase course. Construct a roadway subbase in accordance with the Township standard construction documents (latest revision). Pavement base drain may also be required in conjunction with the subbase as determined by the Township Engineer and/or Board of Commissioners.

[d] Bituminous base course. Construct a Superpave asphalt base course in accordance with the Township standard construction documents (latest revision). Should conditions warrant, the Township Engineer may require a base course of greater than minimum depth. Neither the permanent base course nor the surface course shall be constructed until all utility trenches within the cartway areas have been allowed to settle in accordance with the Township standard construction documents (latest revision).

[e] Bituminous wearing course. Construct a Superpave asphalt wearing course in accordance with Township standard construction documents (latest revision).

[f] Weather limitations as provided in the Township standard construction documents (latest revision) will govern the placement of asphalt paving on streets or roads which are intended for ultimate dedication to the Township as public streets.

[g] The final pavement top coat shall be applied prior to the beginning of the maintenance period.

(b) Arterial street.

[1] Arterial street cross sections shall be in accordance with the Township standard construction documents (latest revision).

[2] Where traffic, soil, subsurface, terrain, drainage or other conditions warrant, the Township Board of Commissioners or Engineer may require a wider street right-of-way, and/or increased depth of subbase, base and wearing courses, addition of a binder course, and any combination thereof.

(c) Collector street.

[1] Collector street cross sections shall be in accordance with Township standard construction documents (latest revision).

[2] Where traffic, soil, subsurface, terrain, drainage or other conditions warrant, the Township Board of Commissioners or Engineer may require a wider street right-of-way, and/or increased depth of subbase, base and wearing courses, addition of a binder course, and any combination thereof.

(d) Local street.

[1] Local street cross sections shall be in accordance with Township standard construction documents (latest revision). An alternate local street cross section containing a forty-foot right-of-way and twenty-eight-foot cartway with the pavement structure in accordance with the local street standard construction document (latest revision) may be permitted with prior approval by the Township staff.

[2] Where traffic, soil, subsurface, terrain, drainage or other conditions warrant, the Township Board of Commissioners or Engineer may require a wider street right-of-way, and/or increased depth of subbase, base and wearing courses, addition of a binder course, and any combination thereof.

C. Alleys.

(1) Except as otherwise required by the Zoning Ordinance,[1] no part of any dwelling, garage or other structure shall be located within four feet of the cartway of an alley.

[1] Editor's Note: See Ch. 350, Zoning.

(2) Alley pavements shall be designed in accordance with the local street standards specified in the Township standard construction documents (latest revision).

(3) The distance between the center line intersections of alleys with streets shall be measured along the center line of the street being intersected and conform with the following:

Classification	Minimum Separation
Arterial	800 feet
Collector	400 feet
Local	150 feet

(4) An alley shall have connections at each end to public streets, and shall not terminate in a dead end or cul-de-sac.

(5) A minimum right-of-way width of 18 feet and a minimum cartway width of 16 feet shall be provided for alleys.

(6) Alleys shall be privately owned. Applications that propose private alleys shall be governed by a homeowners' association (HOA), which HOA shall include a written operation, maintenance, future use and ownership document that shall be recorded with the office of the Lehigh County Recorder of Deeds in conjunction with the final plan. The developer shall provide to the Township the HOA documents for review and approval.

(7) All alleys shall be designed and constructed in accordance with the Township standard construction documents (latest revision), PennDOT's Design Manual, Part 2, Highway Design, and AASHTO's "A Policy on Geometric Design of Highways and Streets."

D. Recreational trails and bicycle paths.

(1) Bicycle paths. Bicycle paths shall be provided, when designated on or as part of an official plan or map, or as otherwise required by the Township. Bicycle lanes located within a street right-of-way shall conform to PennDOT specifications.

(2) Recreation trails.

(a) Recreation trails shall be provided, when designated on or as a part of an official plan or map, or as otherwise required by the Township.

(b) Choice of surface materials includes but is not limited to bituminous mixes, concrete, gravel, soil cement, stabilized earth, planking, etc., subject to approval by the Township. Trails shall be constructed and maintained in a firm and stable condition.

(c) Trail width shall be a minimum width of 10 feet.

(d) Trails shall be located in a minimum sixteen-foot-wide easement except as where additional area is required for design and permitting (e.g., drainage facilities, stormwater BMPs, access points, etc.).

(e) Marked crosswalks shall be provided within vehicular travel ways intersecting trails according to PennDOT standards.

(f) The intersection of a trail and a street shall conform to the clear sight triangle and safe stopping distance according to PennDOT standards.

(3) Nonlicensed vehicle crossings. Nonlicensed vehicle crossings (e.g., bicycle, carriage, golf carts, off-road vehicles, and snowmobiles) of a street, alley, access drive, or driveway shall conform to PennDOT standards.

(4) Right-of-way and pathway standards.

(a) Asphalt trail.

[1] Asphalt trail cross sections shall be in accordance with the Township standard construction documents (latest revision).

§ 312-36 Block, lot, parking, driveway, open space, community facilities, electric utilities, and monuments.

A. Block standards.

(1) In all subdivisions with a minimum lot size of less than 43,560 square feet:

(a) Block length. The length of blocks shall not exceed 1,200 feet nor be less than 500 feet measured from the center lines of the streets.

(b) Block width. Blocks shall be wide enough to provide for two tiers of lots having a depth which complies with existing Zoning Ordinance requirements.[1]

[1] Editor's Note: See Ch. 350, Zoning.

B. Lot standards.

(1) Minimum lot sizes.

(a) Minimum lot size requirements shall be provided by the Township Zoning Ordinance.[2]

[2] Editor's Note: See Ch. 350, Zoning.

(b) The minimum lot area requirements may be increased by the Board of Commissioners in accordance with the results of the soil percolation tests required pursuant to § 312-38.

(2) Lot lines. Side lot lines shall be at right angles or radial to street lines.

(3) Corner lots. The lot lines of corner lots shall be rounded to a minimum radius of 20 feet.

(4) Front on public street. All residential lots shall abut on a public street, except with Board of Commissioners approval certain townhouse, apartment or planned residential developments where parking lots to be used in common will be maintained by homeowners' associations. The Planning Commission shall recommend exceptions on the merits of each case.

(5) Access to arterial streets. No residential lot shall have direct access to an arterial street. Where no alternative means of access exists for a property to be subdivided only one lot depth deep, the extent of such access shall be minimized through the use of shared driveways or other means.

(6) Building setback.

(a) In cases where the front street ultimate right-of-way line is indeterminate, the building setback shall be approved by the Township Planning Commission.

(b) In the case of corner lots, the measurement shall apply from both street ultimate right-of-way lines.

C. Driveways.

(1) Access permits. Driveways shall not be permitted to have direct access to state roads or highways, unless authorized by the Pennsylvania Department of Transportation through issuance of a highway occupancy permit.

(2) Driveways shall intersect streets at right angles.

(3) Grades. Driveway grades shall not exceed the following:

(a) 7% when access is to an arterial street.

(b) 10% with access to a local or collector street.

(4) The center line of a driveway at the point of access to a street shall not be located closer to a street intersection than the following distances (see diagram):

(a) For single-family detached residential, twins or townhouses:

[1] 110 feet if either Street "A" or Street "B" is an arterial street.

[2] 95 feet if one street is a collector and the other street is either a collector or local street.

[3] 75 feet if both Street "A" and Street "B" are local streets.

(b) For multifamily residential, mobile home park and all nonresidential subdivisions:

[1] 300 feet if either Street "A" or Street "B" is an arterial street.

[2] 200 feet if one street is a collector and the other is either a collector or local street.

[3] 150 feet if both Street "A" and Street "B" are local streets.

DISTANCE OF DRIVEWAY FROM INTERSECTION

(c) All driveways may be permitted within a "T" intersection. The driveway width shall be in accordance with the applicable SALDO requirements and its centerline shall align with the opposing street centerline or its location within the intersection shall not extend beyond projections of the curb or edge of cartway (when curb is not present) from the street aligned with the driveway.

[Added 3-20-2019 by Ord. No. 1043]

(5) Widths.

(a) Driveways for multifamily residential, mobile home parks and all nonresidential subdivisions shall not exceed 40 feet in width at the right-of-way line and shall be clearly defined by use of curbing pursuant to § 312-35B(3)(a)[1].

(b) Driveways for single-family residential subdivisions shall not exceed 20 feet in width at the right-of-way line.

(6) All driveways with access to an arterial street shall have sufficient space to permit a vehicle to turn around and enter the street head-on.

(7) High-volume driveways, as defined by PennDOT, on opposite sides of a street shall be located directly across from each other where possible. Otherwise, minimum separation distances in accordance with the dimensional requirements contained in § 312-35A(6)(e)[1] shall be maintained for high-volume driveways on both the opposite and the same side of a street.

(8) Clear sight triangles, as further described in § 312-35A(6)(f), shall be provided for all nonresidential and multifamily driveways.

D. Open space and community facilities.

(1) School sites. The Township Board of Commissioners, with the advice of the school district serving South Whitehall Township, may require the developer of residential subdivisions to reserve land to be conveyed to the school district for school sites.

(2) Fire, police, library and other public buildings. The Township Board of Commissioners may require any developer to reserve land to be conveyed or dedicated to the Township to provide facilities for fire and police protection, library, indoor recreation or other municipal services.

(3) Street rights-of-way reservation. At the request of the Township Engineer and/or the Township Board of Commissioners, any developer may be required to dedicate land in addition to that required under § 312-35B(3) to the Township for future street widening, if either:

(a) Vehicular traffic generated by the subdivision will cause anticipated congestion or safety hazards on existing streets; or

(b) If such street widening is in accordance with local and/or regional Comprehensive Plans.

(4) Open space dedication, recreation areas and fees in lieu of land dedication. Developers shall dedicate land or fees to the Township for parks, recreation and open space, and/or pay fees or provide facilities in lieu thereof in accordance with the following provisions:

(a) Applicability. This § 312-36D(4) shall be effective with respect to any subdivision or land development for which a preliminary plan or a combined preliminary/final plan is submitted after the publication of notice that revisions to any sections regulating open space are pending, or after the enactment of this revision, except that this section shall not apply to:

[Amended 3-20-2019 by Ord. No. 1043]

[1] Submittals that the Board of Commissioners determines only involve clearly minor adjustments or corrections to a preliminary plan that was duly submitted and actively under consideration or approved prior to the enactment of this revision; or

[2] Resubdivision as defined in this chapter where no new dwelling units are proposed; or

[3] Agricultural purpose subdivisions in zoning districts where agriculture is permitted and where no new dwelling units are proposed.

(b) Land dedication in subdivisions and land development.

[Amended 3-20-2019 by Ord. No. 1043]

[1] Except as provided in Subsections F through J of this § 312-3D(4) each subdivision or land development regulated under this section shall be required to offer for dedication to the Township an amount of open space which contains prime open space in an amount not less than the applicable amount set forth below:

Residential
Percentage of the Total Amount of Open Space which is Prime Open Space	Minimum Required Open Space Per Dwelling Unit in Residential Portion of Gross Predevelopment Tract (square feet)
Not greater than 25%	2,600
At least 25% but not greater than 50%	2,000
Greater than 50% but not greater than 75%	1,600
Greater than 75%	1,200

NOTES:

The residential land and fee requirements of this § 312-36D(4) shall be based upon the maximum number of new dwelling units that would be permitted to be constructed on the lots of the subdivision or land development after the plan is approved. Should a residential land use, as part of a subdivision or development, be required to set aside open space as part of a Township ordinance other than the Subdivision and Land Development Ordinance, that residential land use shall be considered, for the purposes of this Subsection D(4)(d)[1] to be nonresidential. Note that this does not include TND Innovation Overlay Districts, Planned Residential Development or similar special districts, as they do not constitute a land use.

Nonresidential
Percentage of the Total Amount of Open Space which is Prime Open Space	Minimum Required Open Space of Nonresidential Portion of Gross Predevelopment Tract (square feet per acre)
Not greater than 25%	3,000
At least 25% but not greater than 50%	2,400
Greater than 50% but not greater than 75%	2,000
Greater than 75%	1,600

NOTES:

Any land proposed for dedication under this § 312-36D(4) for which less than 25% of the open space is prime open space shall require the approval of the Board of Commissioners, utilizing the same procedure as the required approval of as fees in lieu of land dedication as outlined in § 312-36D(4)(g)[1].

[2] Common open space. For the purposes of this section, the term "common open space" shall mean land proposed to be dedicated as e open space which:

[a] Has adequate access for maintenance and for pedestrians;

[b] Is not within any stormwater management facility, unless the applicant proves to the satisfaction of the Board of Commissioners that the stormwater management facility (or the portion thereof which the applicant desires to have classified as "common open space" is designed so that it clearly would regularly be accessible and usable for recreation during all times except immediately following a storm of an intensity of a ten-year storm or greater. Generally, stormwater management facilities, including but not limited to traditional, grass-bottomed stormwater detention basins, shall not be permitted as common open space. Any areas that are enclosed with fencing or are otherwise inaccessible shall not be permitted in common open space;

[c] Is not within 15 feet of any principal building;

[d] Is not within 15 feet of a parking area (other than parking areas specifically developed to serve the open space); and

[e] Is part of a total contiguous tract of common open space which contains at least one acre and is of such geometry that it provides sufficient spatial ability to conduct normal public recreation activities (i.e., is not sinewy or otherwise unusable for a broad range of recreational activities), unless purposefully and knowingly designed in a more linear fashion with the consent of the Township to accommodate trails or paths, environmental protection, or scenic easements.

[3] Prime open space. For the purposes of this section, the term "prime open space" shall mean land proposed to be dedicated as open space which:

[a] Has a slope of less than 6% over all distances of no more than three feet;

[b] Is not a wetland under the applicable federal or state laws;

[c] Is part of a contiguous tract of at least two acres, which may include preexisting adjacent open space;

[d] None of which is within the 100-year floodplain, as defined by official floodplain maps of the Township; and

[e] Has topsoil to a depth of four inches or more at all points.

(c) Open space to be dedicated.

[Amended 3-20-2019 by Ord. No. 1043]

[1] Land to be dedicated under this § 312-36D(4) shall be suitable, prior to dedication, for its intended purpose, as determined by the Township Board of Commissioners. Should such land be deemed unsuitable by the Board of Commissioners, the applicant may offer the following: (a) different lands for dedication; (b) fees in lieu of land dedication; or (c) a combination of both, as regulated under this § 312-36D(4). The Board of Commissioners shall have sole discretion as to which of the aforementioned options offered by the applicant is acceptable to the Township.

[2] The following factors shall be considered in determining the suitability of open space to adequately serve intended recreational needs:

[a] Whether open space in the proposed location would be suitable for active or passive recreation;

[b] Whether open space could be added to an existing adjacent recreation area;

[c] Whether the area surrounding the proposed development has sufficient existing recreation and open space land, and whether it is possible for young pedestrians and bicyclists to safely reach those lands;

[d] Recommendations of the Township Park and Recreation Board, which shall be given an opportunity to provide a review;

[e] Relevant policies of the most current Township Park, Recreation and Open Space Plan;

[f] Whether the proposed open spaces would preserve important natural features (such as woodlands or creek valleys) that might otherwise be disturbed or adversely affected;

[g] Whether the area will involve a significant concentration of residents, especially in homes without large yards;

[h] Whether it will be possible to combine open space on this tract with additional open spaces on an adjacent tract, when that tract is developed in the future; and

[i] Any other factor set forth in this § 312-36D(4) or deemed relevant to the particular tract by the Township.

[3] The Board of Commissioners may require that land to be dedicated under this § 312-36D(4) belocated along an edge of the property so that it may, in the future, be combined with an open space dedication on the edge of an adjoining property when that adjoining property is subdivided or developed, and/or so that it may be combined with an existing adjacent open space dedicated for open space or recreation purposes. If the applicant owns one or more adjacent tracts that are not currently proposed to be subdivided or developed (or is not currently planning to develop all of the original tract being subdivided), the applicant shall provide a sketch of a possible future land dedication on the adjacent lands (or the undeveloped portion of the original tract) in the event of future development.

[4] The applicant shall state in his/her application those improvements (if any) he/she intends to make to the land proposed for dedication hereunder to make it suitable for its intended purpose, such as rough grading, drainage improvements, landscaping, clearance of undesirable vegetation or development of trails. Such land shall be free of construction debris, excavated materials and solid waste prior to dedication.

[5] Areas intended for active recreation shall be well-drained, shall have a slope of no greater than 4% over all distances of no more than three feet, and not require that a wetland be filled in in order to be used as intended.

(d) Condition of open space. All open space to be dedicated to the Township shall be improved, if necessary, by the applicant prior to acceptance of dedication by the Township, so that all of the following conditions are satisfied:

[Amended 3-20-2019 by Ord. No. 1043]

[1] Topsoil shall be in accordance with the Township standard construction documents (latest revision).

[2] Lawn areas shall be in accordance with the Township standard construction documents (latest revision).

[3] Fencing shall be in accordance with the Township standard construction documents (latest revision).

[4] Permanent monuments. Permanent concrete monuments shall be placed in all locations where a change in horizontal alignment occurs on the property line of the land to be conveyed to the Township.

[5] Maintenance obligations. The maintenance obligations for the said lands shall not be undertaken by the Township until all of the requirements of this Subsection D(4)(d) have been satisfied.

(e) Terms of dedication. All open space dedicated under this § 312-36D(4) shall include deed restrictions to permanently prevent the development of buildings, except buildings for noncommercial recreation or to support the maintenance of the land for recreation.

[Amended 3-20-2019 by Ord. No. 1043]

(f) Alternate beneficiaries of open space dedication (other than Township).

[Amended 3-20-2019 by Ord. No. 1043]

[1] Open space required under this § 312-36D(4) shall be dedicated to the Township, unless the Board of Commissioners agrees to allow a dedication to any of the following: the Parkland School District, the County of Lehigh, the Commonwealth of Pennsylvania, the United States of America, a municipal authority, a condominium association or homeowners' association, or an environmental organization acceptable to the Board of Commissioners. In all of the above instances, deed restrictions acceptable to the Township Solicitor shall be inserted into the deed of the open space land stipulating that such land shall be reserved in perpetuity for open space and recreation purposes.

[2] If required open space is to be owned by a condominium association or homeowners' association, the applicant shall establish such association in a form that requires all property owners within the association to annually contribute to the maintenance of the open space. Provisions of any condominium association or homeowners' association agreements regarding required open space shall be subject to acceptance by the Board of Commissioners, based upon review by the Township Solicitor.

(g) Fees in lieu of land dedication.

[Amended 3-20-2019 by Ord. No. 1043]

[1] In general. Fees, in the amount provided in this Subsection G, may be accepted in lieu of the dedication of open space if both the applicant and the Board of Commissioners agree. Such an agreement shall be indicated through a motion by the Board of Commissioners in public session after receiving a recommendation from the Parks and Recreation Board regarding the proposed payment of fees in lieu of land dedication. For all residential or mixed-use land developments containing more than 50 residential dwelling units, such an agreement shall be secured prior to preliminary or preliminary/final plan submission. Whenever fees are permitted, the applicant shall place a note on the preliminary and final record plans stating that such fees are required to be paid as part of the subdivision or land development approval.

[2] Combination of land and fees. The Board of Commissioners and the applicant may agree on any combination of open space dedication and payment of recreation fees, provided that the value of the combination to the Township, its residents, and/or persons employed in the Township, is consistent with the requirements of this § 312-36D(4) when only land is dedicated or only fees are paid. Such an agreement shall be indicated through a motion by the Board of Commissioners in public session after receiving a recommendation from the Parks and Recreation Board regarding the proposed combination of open space dedication and payment of recreation fees. Such an agreement shall be secured prior to preliminary or preliminary/final plan submission for all residential or mixed-use land developments containing more than 50 residential dwelling units.

[3] Fees for residential subdivision or land development. The amount of fees to be paid in lieu of open space land dedication in residential portions of subdivisions or land developments shall be a fee per dwelling unit (as listed in the Township Fee Schedule, as amended), based upon the maximum number of new dwelling units that would be permitted to be constructed on the lots of the subdivision or land development after the final plan is approved.

[4] Fees for Nonresidential subdivisions or developments. The amount of fees to be paid in lieu of open space land dedication in nonresidential portions of subdivisions or land developments shall be a fee per square foot (as listed in the Township Fee Schedule, as amended) of additional proposed impervious coverage (post-development impervious surface minus predevelopment impervious surface) as depicted on the final plan in lieu of the requirement for public dedication of land. Impervious coverage includes buildings, parking lots and any other man-made impervious surface. Only a net increase in impervious coverage will result in a fee to be charged.

(h) Use of fees.

[1] Any fees collected under this section shall be placed within an interest-bearing account and shall be accounted for separately from other Township funds.

[2] To ensure that the lands and facilities dedicated or provided hereunder are accessible to the residents and employees of the developments that paid fees toward their cost, the Recreation Fee District Map, set forth in Subsection D(4)(h)[5], designates two overlapping recreation fee districts — the Western Recreation Fee District and the Eastern Recreation Fee District. Except as provided in Subsection D(4)(h)[4], all fees collected under this § 312-36D(4) with respect to any given subdivision or land development shall only be expended within that (those) recreation fee district(s) which include all or part of the subdivision or land development.

[3] Such fees shall only be used in accordance with the MPC. Fees do not have to be spent on land acquired as part of a combination of land and fees agreement.

[4] A portion of the fees for each subdivision or land development may also be used for the acquisition and development of centrally located park or recreation areas providing programs and facilities for the entire Township.

[5] Recreation Fee District Map (latest edition).

(i) Timing of fees. Fees to be paid under this § 312-36D(4) in lieu of open space land dedication shall be paid prior to the recording of the final plan, except as follows:

[Amended 3-20-2019 by Ord. No. 1043]

[1] If the required fee would be greater than $10,000, and the developer and the Township mutually agree to provisions in a binding development agreement to require the payment of all applicable recreation fees prior to the issuance of any building permits within each clearly defined phase of the development, then the fees are not required to be paid prior to recording of the final plan but may instead be paid within the requirements of that development agreement.

(j) Modifications to land dedication and fee requirements. The Board of Commissioners may reduce the land dedication or fee requirements of this § 312-36D(4) if the developer agrees to undertake one or more of the following actions, provided that the value of the combination of land, fees, and such actions to the Township, its residents, and/or persons employed in the Township, is consistent with the requirements of this § 312-36D(4) when only land is dedicated or only fees are paid:

[1] Construction of substantial permanent recreation facilities within the proposed subdivision or land development and/or existing open space;

[Amended 3-20-2019 by Ord. No. 1043]

[2] Donation (or sale at a price below market value) of appropriate land to the Township [or any other public entity described in Subsection D(4)(f)] for public recreation. In the case of a sale under this subsection, the developer or land developer must provide evidence of the fair market value of the property from qualified professionals.

E. Electrical utilities.

(1) All electrical utilities, including electric power, streetlights, telephone, and television cable lines, shall be placed underground and shall be placed a minimum of one foot from all property lines.

(a) The installation of underground conduits for electrical utilities shall be performed in accordance with the current standards of the electrical utility companies serving the subdivision.

(2) Electrical utilities easements. Easements for the installation of underground conduits for electric power, telephone, and television cable lines shall be provided so that each lot or leased unit can be practically served.

(a) Location. The location of such easements shall meet the approval of all firms providing electrical utilities and the approval of the Township Engineer and the Township Planning Commission. Electrical utility installations shall be so located as to permit multiple installations.

(b) Width. Such easements shall have a minimum width of 20 feet.

(c) No portion of a water supply and distribution system, stormwater system, or sewage collection and disposal system shall be permitted in such easements, unless approved in advance in writing by the Township Engineer.

F. Monuments.

(1) Location. Permanent reference monuments shall be located at each street intersection, at the beginning and ending of all street curves, and at exterior corners of the subdivision designated by the Township Engineer.

(a) The developer may install monuments on only one side of the street, provided that enough monuments are set to permit a surveyor to stake out accurately any building lot on the final plan.

(b) Type. Reference monuments shall be constructed of steel-reinforced portland cement concrete to the dimensions shown on the accompanying drawing, or as approved in advance in writing by the Township Engineer.

(c) Placement. Reference monuments shall be placed so that the top of the monument is flush with the finish grade. [See Township standard construction documents (latest revision).]

§ 312-37 Water supply and distribution; fire protection.

A. All lots and leased units in a subdivision or land development shall be provided with an adequate supply of water by means of one of the following methods:

(1) Connection to a central public water system designed and constructed by the developer to the standards of the Township Authority[1] or governing public utility as well as the Pennsylvania Department of Environmental Protection, and shall be approved by such agencies prior to final plan approval.

[1] Editor's Note: The Township Authority was dissolved 5-3-2017 by Ord. No. 1021.

(2) Where the Township determines that the public water supply system cannot feasibly provide service to the proposed development, an individual on-lot water supply system shall be utilized in accordance with minimum standards approved by the Pennsylvania Department of Environmental Protection.

B. Fire hydrants shall deliver water at the minimum rate and duration as specified by the owner's design consultant and insurance carrier, but in no case less than the following minimum rates in the following types of major subdivisions:

Type of Subdivision	Minimum Fire Flow at 20 psi Residual Pressure (gpm)	Minimum Duration of Sustained Minimum Flow Rate (hours)
Residential
Distance between units (feet)
Over 100	500	2
31 to 100	750	2
11 to 30	1,000	2
Less than 11	1,500	2
Nonresidential and residential
Greater than two stories	2,000	4

NOTES:

Fire flow tests shall be conducted using the National Board of Fire Underwriters method of testing. The developer shall schedule tests with the Township Public Works Department.

All fire flows for minor subdivisions shall be determined by the Board of Commissioners based on a recommendation by the Public Safety Commission.

C. The minimum working pressure during domestic flow conditions (at the service entrance to each lot or leased unit), in the outlying parts of the distribution system, shall be 35 pounds per square inch, in the central or built-up sections of the distribution system, normal working pressures shall be 60 pounds per square inch and shall not be less than 35 pounds per square inch. A minimum of 20 pounds per square inch shall exist at any point in the system during periods of fire flow.

D. Wherever a central water system is provided by the developer, sufficient fire hydrants shall be installed so that no portion of an occupied building is more than 300 feet from a fire hydrant. The hydrants shall be designed and constructed in accordance with the Township standard construction documents (latest revision).

E. In all multifamily residential and nonresidential subdivisions, the developer shall provide a fire protection system to inhabited and public areas in buildings and other areas designated by the Township Planning Commission.

F. The recommendation of the Insurance Services Office and/or the National Board of Fire Underwriters may be used to determine the required fire flow for specific types of buildings and degrees of hazards.

G. Where public water service is required, the developer shall at a minimum provide an easement(s) suitable for the future extension of water lines to serve adjacent properties, unless the developer shows that such extensions would not be physically possible.

H. Construction specifications. Township standard construction documents (latest revision) as adopted by the Township will govern water system construction. Copies are available at the Municipal Building upon request and payment of cost of reproduction.

I. Where local, county, and/or regional Master Plans indicate that construction or extension of municipal or central water system lines may serve any subdivision area within one year after final plan approval, the Township Board of Commissioners shall require the installation and capping of water mains and house or mobile home connections in addition to the installation of temporary individual on-lot water systems in such residential subdivision. Responsibility for the design and supervision of installation of all capped water lines, laterals and house or mobile home connections shall be that of the developer with the approval and cooperation of the applicable water authority or company. Designs of water mains and house or mobile home connections shall be approved by the Township/Authority Engineer.[2] Plans for such connection to water mains and for temporary on-lot systems shall be approved by state and regional agencies pursuant to § 312-37A(1) and (2).

[2] Editor's Note: The Township Authority was dissolved 5-3-2017 by Ord. No. 1021.

§ 312-38 Sanitary sewers.

A. In all new subdivisions and land developments, all lots or leased units shall be provided with adequate means of sewage disposal (either on-lot or centralized systems) that will meet current Department of Environmental Protection rules and regulations, the State Sewage Facilities Act[1] and Township/Authority standards[2] by one of the following:

(1) Connection to a central public sanitary sewerage system, or to an extension from an existing central public sewerage system, designed and constructed to the current applicable standards of South Whitehall Township and approved by the Pennsylvania Department of Environmental Protection and the Environmental Quality Board and the Environmental Hearing Boards, if necessary.

(2) Connection to a nonpublic central sewerage system. Nonpublic sanitary sewerage systems shall only be permitted where the applicant proves to the satisfaction of the Board of Commissioners that all three of the following conditions apply:

(a) There are no other reasonable alternatives;

(b) The facilities would be consistent with the Township's Sewage Facilities Plan;

(c) There is an acceptable mechanism to ensure and fund long-term professional operations and maintenance of the nonpublic sanitary sewerage system.

(3) Long-term or temporary individual on-lot disposal systems approved by the Department of Environmental Protection and the South Whitehall Township Certified Sewage Enforcement Officer.

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

[2] Editor's Note: The Township Authority was dissolved 5-3-2017 by Ord. No. 1021.

B. All nonpublic sanitary sewerage systems shall provide a tertiary level of treatment.

C. Where local, county, and/or regional Master Plans indicate that construction or extension of sanitary sewers may serve any subdivision area within five years after final plan approval, the Township Board of Commissioners shall require the installation and capping of sanitary sewer mains and house or mobile home connections in addition to the installation of temporary individual on-lot sanitary disposal systems in such residential subdivision. Responsibility for the design and supervision of installation of all capped sewers, laterals, and house or mobile home connections shall be that of the developer with the approval and cooperation of the Township/Authority.[3] Plans for connection to sanitary sewers and for temporary on-lot systems shall be approved by state and regional agencies.

[3] Editor's Note: The Township Authority was dissolved 5-3-2017 by Ord. No. 1021.

D. Where on-lot sanitary sewage disposal systems are proposed, the developer shall either install such facilities or require by deed restrictions or otherwise as a condition of the sale of each lot or parcel within such subdivision that the on-lot sanitary sewage disposal facilities be installed by the purchaser of said lot at the time that the principal building is constructed. The minimum standards as set forth in the Pennsylvania Regulations, Title 25, Environmental Protection, shall be observed by the developer or the owner of the lot.

(1) Design of the on-lot sewage disposal system for subdivisions shall be reviewed and approved by the Township Sewage Enforcement Officer (SEO).

(2) Percolation tests. Percolation tests for the subdivision shall be conducted on each proposed lot. Each percolation test shall be located to observe all pertinent horizontal isolation distances. Percolation tests may be made by any of the following:

(a) Lot owner, developer or their agents under supervision of the Township certified Sewage Enforcement Officer.

(b) South Whitehall Township certified Sewage Enforcement Officer.

(c) Registered professional engineer under the supervision of the Township Sewage Enforcement Officer.

(3) Size of trench area. Trench area and length of trench shall be determined by the percolation rate of the soil.

(a) An on-lot sewage disposal system aggregate absorption area shall be sized and designed based on the requirements of Title 25, Pennsylvania Code, Chapter 73.

(b) Alternate type systems may be approved pursuant to Department of Environmental Protection regulations, 25 Pa. Code, Chapters 71 and 73.

E. The Township Board of Commissioners may require larger lots, in subdivisions with on-lot sewage disposal, than as required by the Zoning Ordinance of South Whitehall Township[4] if the space requirements for septic tanks and drainage fields, pursuant to § 312-38D, warrant such an increase.

[4] Editor's Note: See Ch. 350, Zoning.

F. Cesspools and drilled sinks (deepwell injection) are prohibited.

G. All central sanitary sewerage collection systems which will discharge to a public sanitary sewerage system shall be dedicated to the South Whitehall Township Authority.[5]

(1) Construction specifications. Township standard construction documents (latest revision) as adopted by the Township will govern sanitary sewerage system construction. Copies are available at the Municipal Building upon request and payment of costs of reproduction.

[5] Editor's Note: The Township Authority was dissolved 5-3-2017 by Ord. No. 1021.

§ 312-39 Storm drainage.

A. General requirements. Stormwater management facilities shall be provided where necessary to adequately control storm runoff in accordance with all applicable state and local laws and to protect the general public and prevent undue damage to public and private property. To the extent that the provisions of this section conflict with any stormwater management plan adopted by the Township, the more stringent criteria shall prevail.

(1) Any proposed storm drainage plans which affect the drainage basin of any river or stream shall be approved by the Pennsylvania Department of Environmental Protection if the drainage basin so affected has an area of at least 0.5 square mile.

(2) Storm sewers, culverts, and related installations shall be provided to permit the unimpeded flow of natural watercourses, to ensure the drainage of all low points on the subdivided lots and along the line of streets, and to intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained. The system shall also be designed in accordance with § 296-14, Stormwater management district implementation provisions, Subsection S.

(a) Developers shall dedicate easements, pipe collection systems and structures for storm drainage to the Township.

(3) No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structures on other private or public lands, without proper and approved provisions being made for taking care of these conditions.

(a) The Township Board of Commissioners, with the advice of the Township Engineer, shall decide what provisions, including but not limited to suitable detention basins, shall be made to implement § 312-39A(3). Where stormwater management facilities are permitted, adequate assurances of maintenance, indemnification, liability insurance and security shall be provided by agreement with the Township, which agreement shall be approved by the Township Solicitor.

(4) In areas in which street curbs are not required by the Township Board of Commissioners or Township Engineer, drainage may be accomplished by natural or artificial swales and culverts. Special structures such as check dams, drop-outlets, permanent detention basins or other energy dissipating structures or rip-rap may be required to prevent scour or erosion in locations with large runoff quantities or high velocities.

(a) Developers shall dedicate easements and/or structures for storm drainage to the Township pursuant to § 312-39A(4) where swales and/or culverts traverse or enter onto private property.

(b) The Township Board of Commissioners may require a fixed pipe collection system with catch basins.

(5) A subsurface collection system with catch basins shall be used in all areas in which street curbs and gutters are required.

(a) Underdrain pipe systems may shall[1] be required where soil conditions warrant their installation.

[1] Editor's Note: So in original.

(6) The developer shall grade and install all necessary drainage facilities to ensure the drainage of all low points on subdivided lots or within the subdivision.

(7) Designs of storm drainage systems.

(a) Designs shall be prepared, signed, and sealed by a licensed professional engineer.

(b) Complete detailed calculations shall be submitted to the Township Engineer for his approval.

(c) All designs must be reviewed and approved by the Township Engineer.

B. Collection system. The collection system shall be designed by the Rational Method of Design in accordance with American Society of Civil Engineers Manual No. 37 except as noted using the formula Q=CiA, as amplified by the following sections.

(1) "Q" is the required capacity in cubic feet per second for the collection system at the point of design.

(2) "C" is the runoff coefficient applicable to the entire drainage area. It shall be based on consideration of soil conditions, average slope of the drainage area and the ultimate development of the entire drainage area according to comprehensive plans. For various types of ultimate development, the runoff coefficient shall be within the ranges specified in accordance with § 296-15M.

(3) "i" is the rainfall intensity in inches per hour and shall be determined from a calculated time of concentration and specified storm frequency. Time of concentration shall be computed in accordance with the requirements contained in § 296-15N. Design storm frequencies shall be twenty-five-year for residential and all other developments. Rainfall intensities shall be in accordance with § 296-15K. Any conveyance system designed to transport runoff from a tributary area of greater than 100 acres shall be designed for the 100-year frequency design storm.

(4) "A" is the drainage area, in acres, tributary to the point of design, and shall include tributary from outside sources as well as from within the subdivision itself. All calculations shall be accompanied by a drainage area map showing all areas tributary to each structure or discharge point.

(5) Pipes and conduits shall be designed on the basis of Manning's formula and the Continuity Equation.

Where:
	"v" is the mean velocity of flow in feet per second.
	"n" is the coefficient of roughness.
	n equals 0.013 for concrete pipe.
	n equals 0.021 for asphalt coated corrugated metal pipe, 25% paved. "r" is the hydraulic radius in feet.
	"s" is the slope of the energy grade line.
	"Q" equals VA where "A" equals cross-sectional area in square feet.
	Q = V*A

(6) Culverts shall be designed on the basis of inlet or outlet control as appropriate, except where a more detailed backwater analysis is deemed warranted by the Township Engineer.

(7) Manholes shall be spaced at intervals not exceeding 400 feet, and shall be located wherever branches are connected or sizes are changed and wherever there is a change in alignment or grade.

(8) For sewer lines of at 36 inches diameter, manholes may be spaced at intervals greater than 400 feet with the approval of the Township Engineer.

(9) Sewer lines shall be located between the center line of the street and the curbline and shall parallel the center line of the street as far as practical. Sufficient number of structures shall be provided such that unnecessary crossings of other utility lines and passage beneath curbs are eliminated.

(10) Culvert and/or hydraulic grade analysis, and inlet grate capacity calculations, shall be provided with storm sewerage system design calculations.

C. Swales. Swales used for outlets shall be designed on the basis of Manning's formula with the following considerations:

(1) The roughness coefficient shall be:

0.040 for earth swales, and

0.015 for paved swales.

(2) Design velocity in earth swales shall not exceed four feet per second.

(3) A swale right-of-way of sufficient minimum width to include a ten-foot access strip in addition to the width of the swale from bank top shall be offered for dedication to the Township for drainage purposes. The Township Engineer may, under unusual conditions, require a wider swale right-of-way.

(4) Side or rear yard swales upstream or downstream of pipe culverts will be permitted only under the following conditions. If any one of these conditions cannot be met, the stormwater shall be piped in an underground system.

(a) The diameter of the pipe culvert does not exceed 18 inches and the depth of flow in the swale for a twenty-five-year frequency storm is less than one foot;

(b) The side slopes of the swale are not steeper than four horizontal to one vertical (4:1). An easement of sufficient width to encompasses the design full flow cross section plus one foot of freeboard at the design cross slope shall be offered for dedication to the Township;

(c) A note shall be added to the plan to be recorded that the ground surface elevations in any such drainage easements may not be altered by the property owner without the express, advance, written permission of the Board of Commissioners;

(d) Flared-end sections shall be provided on the open pipe ends in lieu of headwalls. The pipe shall be extended as far as is necessary to achieve a maximum 4:1 slope on the roadway embankment commencing at the edge of right-of-way in the case of a curbed roadway or at the edge of shoulder in the case of a noncurbed roadway.

D. Detention basins.

(1) Permanent detention basins may be required by the Township Engineer or Board of Commissioners as part of a stormwater drainage plan when the rate of runoff after development will exceed the pre-development condition.

(2) Detention basins shall be designed to drain completely after every storm in order to avoid problems associated with stagnant water unless as otherwise approved by the Board of Commissioners upon recommendation of the Township Geotechnical Consultant. Basins located in residential areas should have very flat slopes (less than four horizontal to one vertical) and shallow water depths (less than 30 inches). A minimum longitudinal slope of 2% shall be provided across the basin floor, Detention basin designs shall be in accordance with Township standard construction documents (latest revision).

(3) Fencing shall be required around detention basins in the following cases:

(a) The maximum depth of water in the basin for a ten-year or a storm of greater intensity design storm is greater than 30 inches;

(b) The side slopes of the basin are steeper than four horizontal to one vertical;

(c) The time to empty the basin is longer than three hours;

(d) The detention basin is to be dedicated to South Whitehall Township, and fencing is requested by the Township; or

(e) The Board of Commissioners determines that the public safety would be endangered if the basin is not fenced.

(4) Fencing and associated warning signs shall be in accordance with the Township standard construction documents (latest revision).

(5) Outflow pipes shall be provided with childproof screening.

(6) Detention basin design shall be based upon the general design requirements of the Township Stormwater Management Plan which provides for stormwater management.

(7) The rate of outflow from the basin shall be restricted in accordance with the current provisions of the Act 167 stormwater management regulations.[2]

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

(8) A minimum twelve-foot-wide ramp at a maximum 10% slope shall be constructed near the basin access fence to permit access to the bottom of basins for maintenance.

(9) Anti-seep collars shall be provided along basin discharge pipes.

(10) In sinkhole-prone soils, detention basins shall be lined with a material in accordance with § 296-9J.

E. Soil erosion and sedimentation control.

(1) No changes shall be made in the contour of the land, and no grading, excavation, removal or destruction of the topsoil, trees, or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been reviewed and approved by the representative for the Lehigh County Conservation District, South Whitehall Township and the Board of Commissioners.

(2) No subdivision plan shall be approved unless 1) there has been a plan approved by the representative for the Lehigh County Conservation District and the South Whitehall Township Board of Commissioners that provides in the opinion of the South Whitehall Township Board of Commissioners for minimizing erosion and sedimentation and acceptable securities are deposited with the Township in the form of an escrow guarantee which will ensure installation and completion of the required improvements; or 2) there has been a determination by the representative for the Lehigh County Conservation District and the South Whitehall Township Board of Commissioners that a plan for minimizing erosion and sedimentation is not necessary.

(3) Measures used to control erosion and reduce sedimentation shall comply with the standards and specifications of the Lehigh County Conservation District and receive the approval of the District. Once the subdivision plans have been finally approved, the District shall ensure compliance with the appropriate specifications and plans.

(4) Whenever sedimentation is caused by stripping vegetation, regrading, or other development, it shall be the responsibility of the person, corporation, or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems, watercourses, roads and rights-of-way, and to repair any damage at this expense within 24 hours of the occurrence.

(5) Each person, corporation or other entity which makes any surface changes shall be required to:

(a) Collect on-site surface runoff and dispose of it to the point of discharge into the common natural watercourse of the drainage area.

(b) Handle existing and potential off-site runoff through his development by designing to adequately handle storm runoff from a fully developed area upstream.

(c) Provide and install at his expense, in accordance with Township requirements, all drainage and erosion control improvements (temporary and permanent) as required by the erosion and sediment control plan.

(6) Section 296-11 also contains requirements associated with soil erosion and sedimentation control plans.

F. General design standards.

(1) Curb inlets shall be located at curb tangents on the uphill side of street intersections. Design and location of curb inlets shall be approved by the Township Engineer.

(2) Drainage structures that are located on state highway rights-of-way shall be approved by the Pennsylvania Department of Transportation, and a letter from that office indicating such approval shall be directed to the Township Planning Commission.

(3) The design of the storm sewerage system shall be in accordance with the Township standard construction documents (latest revision).

G. Construction specifications. Township standard construction documents (latest revision) as adopted by the Township will govern. Copies are available at the Municipal Building upon request and payment of cost of reproduction.

H. The following statements shall be provided on the plans to be recorded:

"Notwithstanding any provisions of the Township Stormwater Management Plan, including exemption and waiver provisions, any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required to manage the rate volume, direction and quality of resulting stormwater runoff in a manner which otherwise adequately protects health and property from injury and damage."

"Municipality review and approval of the drainage plan, or the subsequent observation and approval of stormwater management facilities, shall not constitute land development on behalf of or by the municipality or otherwise cause the municipality to be engaged in the alteration or development of land. By submitting an application under the Township Stormwater Management Plan, the developer hereby agrees to indemnify, defend, and hold harmless the municipality and all its representatives, servants, employees, officials and consultants of and from any and all claims, demands, causes of action or suits which arise out of or relate to the review, approval, construction or observation of the developer's drainage plan and stormwater management facilities."

§ 312-40 Shade trees.

Except as otherwise provided in Subsection C(4) hereof, within the right-of-way of streets or street tree easements, as applicable, adjacent to or in new subdivisions, the developer shall plant shade trees meeting the specifications found in these regulations. Site locations, land use, topography, natural and historic features shall be considered by the developer and the Township Shade Tree Commission in selecting and approving species.

A. Species of trees permitted shall be in accordance with the Township standard construction documents (latest revision).

B. Tree specifications shall be in accordance with the Township standard construction documents (latest revision).

C. Tree location.

(1) In all subdivisions, trees shall be planted within the street rights-of-way or street tree easements at uniform intervals between 30 and 40 feet. The location of shade trees will be subject to the approval of the Landscape and Shade Tree Commission and the Board of Commissioners. If acceptable to the above two boards, trees may be planted midway between the curb and sidewalk providing the planting strip is a minimum of five feet in width; or between the sidewalk and building line, three feet from the sidewalk. Should the latter location be chosen, additional street right-of-way shall be dedicated to the Township or a street tree easement established in lieu of. The size of the additional right-of-way or street tree easement shall be determined by the Shade Tree Commission.

(2) In order to facilitate planting within street rights-of-way, the developer shall indicate grades on his final subdivision plans and shall grade each street right-of-way according to the standard construction documents (latest edition).

(3) Prior to planting, the developer is to contact the Public Works Department to arrange a physical inspection of the trees to be planted and the marking of the planting locations of the shade trees by a representative of the Public Works Department. The developer shall not plant any shade trees until the approval of the inspecting Public Works Department representative has been obtained.

(4) Should the Board of Commissioners grant a waiver or deferral to the requirement to plant shade trees or should the developer, due to the physical characteristics of the land or the location of public utilities located thereon, be unable to plant every required shade tree as shown on the approved landscaping plan, the developer, in lieu of planting such trees, shall contribute a fee to the Township in an amount as established by the Board of Commissioners, from time to time, per tree not so planted.

D. Maintenance. An agreement between the developer and the Board of Commissioners shall be required to provide for the maintenance of all such trees planted.

(1) The term of the maintenance agreement shall be 24 months from the day the Township Engineer and the Township Manager give the developer the final approval on all required improvements identified in the subdivision improvements agreement. During this term the developer shall:

(a) Replace dead trees, or trees of sufficiently poor health so as to be deemed unacceptable by the Landscape and Shade Tree Commission.

(b) Control insects and diseases.

(c) Repair mechanical injury.

(d) Remove all dead branches.

(e) Within one month prior to the end of the maintenance agreement, the shade trees shall be pruned by the developer, in accordance with the South Whitehall Township Shade Tree Policy, unless otherwise directed by the Landscape and Shade Tree Commission.

§ 312-41 Other required improvements.

A. The following improvements which have been determined as being important to the safety, convenience and welfare of the Township residents shall be installed at the expense of the developer.

(1) Lighting.

(a) Streetlights. The developer shall be responsible for making necessary arrangements with the municipality and the public service company involved for streetlights as approved by the Board of Commissioners and shall further be responsible for providing utility easements for lighting standards and fixtures.

(b) Adequate lighting shall be provided for driveways and parking lots of nonresidential subdivisions in accordance with the South Whitehall Township Zoning Ordinance[1] and these regulations.

[1] Editor's Note: See Ch. 350, Zoning.

(2) Noise absorption. Planting strips and other site improvements provided in order to absorb a reasonable noise from arterial streets and highways, school play lots, commercial or industrial activities, or airport approach paths shall be approved by the Township Planning Commission and the Shade Tree Commission, if applicable.