This article establishes and defines the public improvements and design standards that the Township shall require in the review, approval and construction of any subdivision or land development.
A. 
Principles, standards and requirements. The following principles, standards and requirements shall be met by applicants in preparing plans for proposed subdivisions and land developments.
B. 
Minimum standards. The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of public health, safety, morals and general welfare.
C. 
Effect of other more restrictive standards. When other applicable regulations impose more restrictive standards than those specified herein, the more restrictive standards shall apply.
D. 
Modifications and waivers. Where literal compliance with the standards herein specified is clearly impractical, the Township may modify or adjust the standards to permit reasonable use of property while securing substantial conformance with the objectives of these standards.
E. 
Policy on circulation and road improvements. New streets proposed to be created as a part of any development proposal should be compatible with the Newlin Township Comprehensive Plan policy on circulation and road improvements (Chapter 5, page 66-67), and applicable policies in the Newlin Township Open Space, Recreation and Environmental Resources Plan.
F. 
Interconnections. Streets shall be interconnected as practicable (employing culs-de-sac only where unavoidable according to the provisions of § 185-62E of this chapter), and they may also be supplemented with lanes or alleys to the rear of lots. Where culs-de-sac are deemed to be unavoidable, continuous pedestrian circulation shall be provided by connecting sidewalks that link the end of the cul-de-sac with the next street (or open space).
G. 
Visual interest. Street layouts shall include design elements to enhance visual interest, and street layouts shall be designed to interconnect and to produce terminal vistas of protected open space or prominent structures.
H. 
Vistas. Streets should be aligned so that their terminal vistas are of greens or other open space, or civic or institutional buildings, wherever possible. Where this is not possible, effort shall be made to terminate those streets with buildings of above-average size, whose architecture shall be encouraged to be distinctive or special.
I. 
Access preferences. For lots adjacent to any designated arterial or collector road, access to such road shall depend on whether alternative access points are available as well as sight and environmental conditions. The applicant shall consider all of the options for accessing the arterial or collector from his or her lot and their feasibility. The preferences of the Township for providing access are listed below and ranked in descending order of desirability. The applicant shall use preference 1 unless he or she demonstrates to the Township's satisfaction that this preference option is not feasible, in which case preference 2 can be used. Option preference 3 shall only be used where the applicant can show to the Township's satisfaction that neither preference options 1 or 2 is feasible. It shall be the burden of the applicant to demonstrate why preference options 1 and 2 cannot be achieved before 3 shall be considered.
(1) 
Preference 1: connection to existing access point. Access points along any arterial or collector road shall not be established where access to a lot may be provided through the use of an existing access point which is either on site or adjacent to the lot, unless the Board of Supervisors determines that direct access to the arterial or collector will result in safer and more efficient traffic flow.
(2) 
Preference 2: creation of an internal access road. Where access to a lot cannot be provided as described in preference 1 above, then an internal access road shall be established.
(3) 
Preference 3: individual access. Where access to a lot cannot be provided as described in preference 1 or 2 above, due to site conditions, environmental constraints, or other reasons, then access may be provided to an arterial or collector road.
A. 
Suitability. The proposed use shall be suited to the land to be subdivided and developed in conformance with the Township Comprehensive Plan, Chapter 240, Zoning, and other applicable regulations.
B. 
Removal of hazards. Land or properties subject to life, health or safety hazards shall not be subdivided or developed for residential purposes until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the plan.
C. 
Preservation of natural features. The design of the proposed subdivision and land development shall preserve, to the greatest extent possible, the natural features and topography of the site.
D. 
No unusable parcels shall be created. No parcel of land shall be created, either by inclusion or exclusion from a proposed subdivision or land development, which cannot be properly used for a permitted use under the existing zoning regulations for that district.
A. 
Block length, width, and shape. The length, width, and shape of blocks shall be determined with regard to:
(1) 
The provision of adequate sites for buildings of the types that are proposed;
(2) 
The least adverse impact to topography and natural features;
(3) 
Safe and convenient vehicular and pedestrian circulation; and
(4) 
Thoughtful and innovative design to create an attractive community.
B. 
Maximum and minimum block length. Blocks shall not exceed 1,600 feet in length, or be less than 500 feet in length. In the design of blocks longer than 1,000 feet, special consideration shall be given to access for fire protection.
C. 
Minimum block width. Wherever practicable, blocks shall be two lot depths wide. Except for lots located at street intersections or where reverse frontage lots are approved, no blocks shall have lots that front on more than one street.
A. 
General lot design standards.
(1) 
Lot dimensions, areas and minimum setback standards shall not be less than as required by Chapter 240, Zoning.
(2) 
Lot dimensions, areas, and orientation shall be appropriate for the proposed type of development and use, and sufficient to provide satisfactory space for required off-street parking, accessory uses, and other applicable Township standards.
(3) 
Wherever practicable, the side property lines of lots shall be at right angles or radial to the right-of-way line.
(4) 
Lot lines shall follow municipal boundaries rather than cross them, to the greatest extent feasible.
(5) 
No remnants of land that do not meet minimum area and bulk requirements shall be created or remain after a subdivision approval.
B. 
Lot frontage standards.
(1) 
Frontage required on a street. All lots shall have frontage along the right-of-way of a street and have direct access to an existing or proposed street. Each lot shall have, in addition to the minimum width at the front lot line, sufficient free and complete access to an existing or proposed cartway to avoid the need to cross any portion of another lot to reach such street.
(2) 
Access. Proposed subdivisions involving three or more residential lots (in total) abutting an arterial or major collector road, or five or more lots abutting a minor collector road, shall be designed to take access from an interior road. The applicant shall provide a local access street to connect the lots to the arterial or collector. Where a choice exists, the applicant shall connect to the street with the lowest classification. Access and design for new residential streets shall be consistent with the requirements of § 185-63A.
C. 
Driveway standards. Driveways that are proposed to intersect any arterial or collector road shall be designed in accordance with the standards set forth in this article.
(1) 
Number of access points per lot.
(a) 
Single family. For single-family residential uses, no more than one access point per lot shall be permitted.
(b) 
Multifamily. For multifamily residential and nonresidential uses, two or more access points may be permitted unless the size of the property or other site condition limits the feasibility of more than one access point.
(2) 
Future access for adjacent properties. When a new access point is designed, consideration shall be given to establishing a joint accessway with a future adjacent use. The Board of Supervisors may require the dedication of a right-of-way extending to the property line to provide such future access.
D. 
Scenic road requirements. The following design requirements shall apply to any subdivision or land development proposal on any parcel adjacent to any road segment identified as a "scenic road" or "exceptionally scenic stream valley road" or containing a "vista point" on Map 3-4 ("Scenic, Historic and Cultural Resources Map") in the Township Open Space, Recreation, and Environmental Resources Plan:
(1) 
Roadside features. Any roadside feature adjacent to any road or road segment identified as a "scenic road" or "exceptionally scenic stream valley road" in the Township Open Space, Recreation, and Environmental Resources Plan, as amended, and located within the public right-of-way, including, but not limited to, fences and walls, hedgerows, trees and topographic formations shall not be disturbed except to the extent necessary to provide safe and efficient ingress to and egress from the site, consistent with all applicable sight distance requirements. It shall be the burden of the applicant to demonstrate that any proposed disturbance is the minimum necessary to provide safe ingress and egress.
(2) 
Vista points. Any vista point identified in the Township Open Space, Recreation, and Environmental Resources Plan, as amended, not located within the public right-of-way should be disturbed to the minimum extent possible without affecting the amount of development permitted on the parcel. It shall be the burden of the applicant to demonstrate that the proposed site configuration causes the minimum possible disturbance to identified scenic vistas.
(3) 
Location in relation to ridge lines and vistas.
(a) 
Every attempt shall be made to situate dwellings and accessory buildings below existing ridgelines or the tree line on ridges to preserve existing scenic vistas from public roads. To achieve this objective, dwellings and accessory buildings should be sited entirely below the elevation of the nearest ridgeline or ridgetop treeline whenever possible. Where the applicant claims that dwellings or accessory buildings cannot be situated below the ridgeline, it shall be the burden of the applicant to demonstrate why not and how the proposed design creates the minimum possible disturbance of views of the ridgeline.
(b) 
To the extent that any portion of a structure is proposed to be located above a ridgeline elevation, such siting shall be contingent upon the submission and approval by the Board of Supervisors of a plan for the mitigation of such ridgeline impacts. Such plans shall identify the locations and dimensions of the proposed structure(s), the architectural style proposed, and shall demonstrate how the structure(s) shall be effectively screened and/or designed to minimize disruption of views of the ridgeline from public roads.
A. 
Relationship to street plans as may be adopted by the Township. Proposed streets shall be properly related to such street plans or parts thereof as have been officially prepared and adopted by the Township, including recorded subdivision or land development plans or an Official Map.
B. 
Relationship to county, state road and highway plans. Proposed streets shall further conform to such county and state road and highway plans as have been prepared, adopted and/or filed as prescribed by law.
C. 
Relationship to topography. Streets shall be logically related to the topography so as to produce usable lots, reasonable grades, proper alignment and drainage, and to provide for adequate sight distances.
D. 
Through traffic discouraged. Minor collector and local streets shall be so laid out as to not encourage through traffic, but provision for street connections into and from adjacent areas may be required. Collectors and arterials shall be connected with such existing streets and highways to form continuations thereof.
E. 
Provisions for access for further subdivision. If lots resulting from the proposed subdivision are of sufficient area to permit further subdivision, or if a portion of the tract is not subdivided at the time of application, adequate street rights-of-way to permit further subdivision shall be provided as necessary to be no less than the right-of-way required for minor collector or local streets. Remnants and landlocked areas shall not be created.
F. 
Minor access streets. Where a proposed subdivision or land development abuts or contains an existing or proposed arterial or collector street, the Township may require marginal access streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections or access points with the major street, and separation of local and through traffic.
G. 
Reservation of additional right-of-way. Where a proposed subdivision or land development abuts or contains a collector or arterial street identified in Township, county or state plans for future road widening beyond normal Township design standards, the applicant shall be required to reserve additional right-of-way to provide for the planned widened street or highway.
H. 
No half or partial streets. New half or partial streets shall not be permitted.
I. 
No reserve strips. A parcel of land separating a street from adjacent properties (reserve strips), including those controlling access to streets, shall be prohibited, unless dedicated to the Township.
J. 
Continuations of existing streets. Continuations of existing streets shall be known by the same name, but names for other streets shall not duplicate or closely resemble names for existing streets. All street names are subject to approval by the Board of Supervisors, the Township 911 Coordinator, and other emergency service providers as appropriate.
K. 
Continuation into an adjacent municipality. Where streets continue into adjoining municipalities, evidence of compatibility of design, particularly with regard to street widths, shall be submitted. The applicant shall coordinate such designs with both municipalities to avoid abrupt changes in cartway width, alignment or in improvements provided.
L. 
Continuations of existing streets. New streets shall be laid out to continue existing streets at equal or greater width, in regard to both cartway and right-of-way, where such continuations are reasonable and practical. Minimum widths shall be as established in § 185-63 below.
M. 
Connection of lower order streets to the lesser of higher order streets. Lower order streets should be connected to the lesser of higher order streets.
A. 
No dead-end streets allowed. Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts or when designed as a loop or cul-de-sac street in accordance with the requirements of this section.
B. 
Placement of turnarounds. Unless future extension is clearly impractical and undesirable, the cul-de-sac turnaround right-of-way shall be placed adjacent to a property line, and a right-of-way of the same width as the street shall be carried to the property line in such a way as to permit future extension of the street into the adjoining tract. The applicant shall have the burden of demonstrating the impracticality of extending a street to a property line in order to justify a shorter street.
C. 
Township may require through streets. A loop or cul-de-sac street may not be permitted when, in the determination of the Township, a through street is feasible and more desirable. In order to justify a cul-de-sac street, the applicant shall have the burden of showing the impracticality of a through street.
D. 
Length of cul-de-sac streets. Each permanently terminated cul-de-sac street shall serve not more than 24 single-family residential dwellings, not more than 50 two-family or multiple-family dwellings, and not more than six nonresidential lots. The cul-de-sac street shall be a minimum of 250 feet in length and a maximum of 1,000 feet in length. A cul-de-sac street of greater length may be approved by the Township where the topography, shape or other limitations of the tract preclude the practicality of providing a second street. Subdivisions containing less than 15 dwellings shall not include more than one roadway entrance onto public roadways.
E. 
Circular turnaround required. Permanently terminated cul-de-sac streets shall have a circular turnaround with minimum rights-of-way and paving radii as prescribed below.
Table 5 - Required Minimum Paving Radii for Culs-de-Sac
Type of Cul-de-Sac
Right-of-Way Radius
(feet)
Outer Paving Radius
(feet)
Inner Paving Radius
(feet)
Moving Lane
(feet)
Residential
50
40
n/a
n/a
Residential with center island
55
45
25
20
Commercial/ industrial
70
60
n/a
n/a
Commercial/ industrial with center island
35
25
F. 
Center islands. Maintenance responsibility of center islands in the cul-de-sac turnaround shall be determined prior to final plan approval and recorded on the deed. The island shall be landscaped with a permanent ground cover, subject to approval by the Township.
G. 
Not more than four lots on a cul-de-sac turnaround. No more than four lots shall have frontage on the cul-de-sac turnaround, and no more than four driveways shall have access to the cul-de-sac turnaround.
H. 
Increased radii. Greater cul-de-sac radii may be required by the Board of Supervisors.
I. 
Maximum slope across cul-de-sac. The maximum slope across the diameter of a cul-de-sac turnaround shall not exceed 5%. The minimum grade around the curbing shall not be less than 1%.
J. 
Temporary road ends. Any street temporarily terminated either for access to an adjoining property or for authorized stage development shall be provided with a temporary all-weather turnaround within the subdivision or land development. The use of such a turnaround shall be guaranteed to the public until such time as the street is extended. The temporary turnaround shall be circular, with a minimum cartway radius of 40 feet, and shall remain completely within the right-of-way. The turnaround right-of-way shall be placed adjacent to the property line and a right-of-way of the same width as the street shall be carried to the property line in such a way as to permit future extension of the street into the adjoining tract.
K. 
Street grades. The street grade requirements of § 185-65 shall apply to cul-de-sac streets.
A. 
New residential streets. New residential streets shall be classified according to the expected average daily trips (ADT) level of the street. [See § 185-63A(4) below for ADT rates.] If subdivision lots are of sufficient area for further subdivision, the Township may require that the street be constructed to the standards of a higher classification, unless deed restricted against further subdivision.
(1) 
Purpose. The purpose of these provisions is to establish appropriate standards for the design of streets in residential subdivisions that will:
(a) 
Protect the safety of neighborhood residents;
(b) 
Protect the residential qualities of neighborhoods by limiting traffic volume, traffic speed, noise and fumes;
(c) 
Minimize maintenance and repair costs of streets;
(d) 
Minimize impervious coverage, thereby protecting the quantity and quality of the Township's groundwater resources.
(e) 
Promote the safety and convenience of vehicular and pedestrian traffic;
(f) 
Encourage the efficient use of land.
(2) 
Applicability. The provisions of § 185-63A shall be applicable to all new residential streets. Except as otherwise stated in this section, new residential streets shall be constructed in accordance with the sections of this article applicable to local road design standards.
(3) 
Street hierarchy. Proposed residential streets are classified under the overall category of "local street." Each proposed residential street shall be further classified under the following subcategories of local streets and designed for its entire length to meet the minimum standards for one of the street types listed below. The specific criteria used for determining street classification and the minimum required street widths are located in § 185-63A(5), (6), (7), and (8), respectively.
(a) 
Local access street. This is the lowest order residential street in the hierarchy and is intended to carry the least amount of traffic at the lowest speed. It will provide the safest and most desirable environment for a residential neighborhood. Developments should be designed so that all, or the maximum number possible, homes front on this class of street [see § 185-63A(5)].
(b) 
Secondary distributor street. This is the middle order residential street in the hierarchy and will carry more traffic than the local access street. It should provide an acceptable if not optimum environment for a residential neighborhood [see § 185-63A(6)].
(c) 
Primary distributor street. This is the highest order of street that can be classified as residential and will carry the largest volume of traffic at higher speeds. In large residential developments, this class of street may be necessary to carry traffic from one neighborhood to another or from the neighborhood to streets connecting other areas in the community. This level of street is the least suitable for providing direct access to homes, and such access should be avoided to the extent possible [see § 185-63A(7)].
(d) 
Special purpose streets:
[1] 
Alleys. An alley provides a secondary means of access to lots. It will normally be on the same level in the hierarchy as a local access street, although different design standards apply [see § 185-63A(8)].
[2] 
Marginal access streets. A marginal access street is a street parallel and adjacent to a collector or higher-level street and provides access to abutting properties and separation from through traffic. It may be designed according to the standards for a local access street or a secondary distributor street, as traffic volumes dictate.
(4) 
Trip generation rates. The following table shall be used to determine the ADT levels of proposed residential developments and streets. Any dwelling type not listed below shall use the traffic volume estimates based on the most current edition of the Institute of Transportation Engineer's (ITE) publication, Trip Generation.
Table 6 - Trip Generation Rates
Housing Type
Average Weekday Trip Generation Rates
Single-family detached
9.6 trips/dwelling unit
Single-family semidetached (twin), duplex, attached (townhouse)
5.9 trips/dwelling unit
Multifamily (apartments)
6.6 trips/dwelling unit
Mobile home park
4.8 trips/dwelling unit
(5) 
Local access street standards.
(a) 
Service restrictions. A local access street is a frontage street that provides access to abutting properties; it shall be designed to carry no more traffic than is generated on the street itself. Each local access street shall be designed so that no section of the street carries an average daily traffic (ADT) volume of greater than 200. Each half of a loop street may be regarded as a single local access street and the total calculated traffic volume generated on a loop street shall not exceed 400 ADT.
(b) 
Street access. Local access streets may take access from any street type. Both ends of a loop street, however, must intersect the same collecting street and be laid out to discourage through traffic. Grid street patterns shall be laid out to discourage traffic other than those residents of the immediate neighborhood.
(c) 
Street design standards - local access streets. Travel lane widths shall be determined on the basis of the intensity of development proposed and the manner in which parking shall be provided as follows:
Table 7 - Local Access Streets
Design Factors
Street Standards
Parking
Development Type
Off-street
On-street
Travel Lane Width1
Parking Lane Width
(feet)
Total Cartway Width
(feet)
Individual Driveway Access Permitted
Permanent open space, no residential frontage
None
None
9 feet
n/a
18
n/a
Lots 3 acres or more, deed restricted against further subdivision
Off-street
Yes
Lot widths 100 feet or greater
10 feet
20
Lot widths 40 to 100 feet
1 side
11 feet
8 (1 side)
30
Lot widths less than 40 feet with/rear alley access
Off-street using rear alley
2 sides2
8 (both sides)
38
No
Lot widths less than 40 feet or no individual lots (i.e., apartments)
Off-street or parking lot provided
Parking lot provided for spillover parking
n/a
22
Yes (for parking lots)
1
Where raised curbing is proposed, one additional foot shall be added to the minimum travel lane width. Where no curbing or flush curbing is being used, the minimum travel lane width shall be used.
2
For this development type, a single parking lane may be provided if houses front on only one side of the street. In such cases, the total cartway width may be reduced by eight feet to a total width of 30 feet.
(d) 
Travel lanes. All local access streets shall provide at least two travel lanes. Where a parking lane is not required to accommodate spillover parking, occasional short-term parking for service pickup or delivery shall be permitted within the moving lanes.
(e) 
Minimum right-of-way width: 50 feet.
(f) 
Cul-de-sac turnarounds. Cul-de-sac turnarounds shall be designed in accordance with the requirements of § 185-62E.
(g) 
Engineering criteria. Unless otherwise specified herein, local access streets shall meet the applicable design and construction standards of this chapter.
(6) 
Secondary distributor street standards.
(a) 
Service restrictions.
[1] 
A secondary distributor street is a frontage street that provides access to abutting properties and also conducts traffic from local access streets intersecting it.
[2] 
Each secondary distributor street shall be designed so that no section of it will convey a traffic volume greater than 500 ADT. Each half of a loop secondary distributor street and the total traffic volume conveyed on a loop street shall not exceed 1000 ADT.
[3] 
Secondary distributor streets shall be designed so as not to encourage external through traffic that has neither origin nor destination on the secondary distributor or its tributary local access streets.
(b) 
Street access. Every secondary distributor must be provided with no less than two access intersections to streets of higher classification in the street hierarchy if the traffic volume exceeds 500 ADT on the street. For secondary distributor streets designed for 500 ADT or less, one access intersection to a street of higher order is allowed.
(c) 
Street design standards - secondary distributor streets. Travel lane widths shall be determined on the basis of the intensity of development proposed and the manner in which parking shall be provided as follows:
Table 8 - Secondary Distributor Street Standards
Design Factors
Street Standards
Parking
Travel Lane Width1
(feet)
Parking Lane Width
Total Cartway Width
(feet)
Individual Driveway Access Permitted
Development Type
Off-Street
On-Street
Permanent open space, no residential frontage
None
None
10
n/a
20
n/a
Lots 3 acres or more, deed restricted against further subdivision
Off-street
Yes
Lot widths 100 feet or greater
11
22
Lot widths 40 to 100 feet
1 side
12
8 feet (1 side)
32
Lot widths less than 40 feet with rear alley access
Off-street from alley
2 sides2
8 feet (both sides)
40
No
Lot widths less than 40 feet or no separate housing lots (apartments)
Off-street or parking lot provided
Parking lot provided for spillover parking
n/a
24
Yes (for parking lots)
1
Where raised curbing is proposed, one additional foot shall be added to the minimum travel lane width. Where no curbing or flush curbing is being used, the minimum travel lane width shall be used.
2
For this development type, a single parking lane may be provided if houses front on only one side of the street. In such cases, the total cartway width may be reduced by eight feet to a total width of 32 feet.
(d) 
Travel lanes. All secondary distributor streets shall be provided with two continuous travel lanes within which parking is not permitted.
(e) 
Minimum right-of-way width: 50 feet.
(f) 
Culs-de-sac.
[1] 
Cul-de-sac turnarounds shall be designed in accordance with the requirements of § 185-62E.
[2] 
Cul-de-sac secondary distributor streets with an anticipated traffic volume exceeding 500 ADT shall be prohibited.
[3] 
In no case shall a secondary distributor cul-de-sac exceed 1,000 feet in length.
(g) 
Engineering criteria. Unless otherwise specified herein, secondary distributor streets shall meet the applicable design and construction standards of this chapter.
(7) 
Primary distributor street standards.
(a) 
Service restrictions. A primary distributor street is a street that carries residential neighborhood traffic but provides limited or no residential frontage.
[1] 
Primary distributor streets shall be required when the average daily traffic anticipated on the street exceeds the limits for residential secondary distributor streets.
[2] 
Whenever possible, primary distributor streets shall be designed so that no residential lots directly front on them. When this is not possible, the amount of residential frontage shall not exceed the limits set forth in the accompanying chart. In addition, only lots having frontages of 100 feet or greater may front on primary distributor streets, and space shall be provided on these lots for turnarounds so that vehicles do not have to back out onto primary distributor streets.
Table 9 - Primary Distributor Street Limitations
Percent of Total Length of Primary Distributor Streets Permitted to Have Residential Lots Fronting On and Taking Access from the Primary Distributor Street
ADT level
1,000 to 1,199
1,200 to 1,599
1,600 to 1,999
2,000 and Over
Allowable access frontage
20%
10%
5%
0%
[3] 
Primary distributors shall be laid out to discourage through traffic unless linkage between streets outside of the subdivision is determined by the municipality to be desirable.
[4] 
If the anticipated ADT exceeds 3000, the street shall be classified as a higher order than a primary distributor. The municipality, upon recommendation of its Engineer, shall determine the required design standards. These standards may be in excess of the minimum standards established for primary distributors by this chapter.
[5] 
On-street parking shall be prohibited on primary distributor streets.
(b) 
Street access. Every primary distributor shall have no fewer than two access intersections to streets of equal or higher classification in the street hierarchy.
(c) 
Street design standards. Travel lane widths shall be based upon anticipated average daily trips as follows.
Table 10 - Minimum Street Widths
Average Daily Trips (ADT)
Travel Lane Width
(feet)
Total Cartway Width
(feet)
2,000 ADT or less
10 (no or flush curbs)
11 (raised curbs)
20
22
More than 2,000 ADT
11 (no or flush curbs)
12 (raised curbs)
22
24
(d) 
Travel lanes. Primary distributor streets shall be provided with two continuous travel lanes. Parking shall not be permitted on primary distributor streets.
(e) 
Minimum right-of-way width: 60 feet.
(f) 
Engineering criteria. Unless otherwise specified herein, primary distributor streets shall meet the applicable design and construction standards of this chapter.
(8) 
Alley standards.
(a) 
Service restrictions. Alleys are permitted under the following circumstances:
[1] 
Frontage lot widths are less than 75 feet.
[2] 
Frontage on an alley shall not be construed to satisfy the requirements of this chapter for frontage on an approved street.
[3] 
No parking shall be provided for or permitted within the right-of-way of the alley.
[4] 
Street systems within which alleys are a part shall be designed to discourage through traffic on alleys.
[5] 
Alleys shall be prohibited in developments of single-family detached dwellings unless such single-family detached dwellings are on lots of 12,500 square feet or less or are part of a Unified Residential Development as defined by Chapter 240, Zoning.
(b) 
Street access. Alleys may only intersect local access or secondary distributor streets.
(c) 
Alley length. Alley length shall not exceed a distance of 800 feet.
(d) 
Alley width. Alleys to be dedicated to the Township shall have a minimum paved width of 16 feet. Alleys not proposed for dedication shall have a minimum paved width of 12 feet.
(e) 
Minimum right-of-way widths. Alleys shall provide the following rights-of-ways:
[1] 
Dedicated: 33 feet.
[2] 
Undedicated: 16 feet.
(f) 
Building setback from alley. Garages or parking stalls shall be set back a minimum of 20 feet from the center line of any alley. In no case shall garages be located within the required right-of-way.
B. 
Existing residential streets and new nonresidential streets. Existing streets shall be as classified in the Newlin Township Comprehensive Plan of 1997 or as amended. New nonresidential streets shall be classified by the Township Engineer according to function.
(1) 
Widths. Minimum right-of-way and cartway widths for existing streets or new nonresidential streets shall be as follows:
(a) 
Local streets and marginal access streets: fifty-foot right-of-way and thirty-foot cartway.
(b) 
Minor collector streets: fifty-foot right-of-way and thirty-four-foot cartway.
(c) 
Major collector streets and minor arterial streets: eighty-foot right-of-way and forty-foot cartway.
(d) 
Arterials: standard widths established by PennDOT.
(2) 
New streets abutting existing streets of substandard width. Where a subdivision or land development abuts or contains an existing street of substandard width, all normally required public improvements and additional cartway width, in conformance with Township design standards, shall be constructed, and additional right-of-way width, in conformance with Township design standards, shall be dedicated. The Board of Supervisors may approve, in lieu of immediate construction of the public improvements, a cash payment sufficient to cover the costs of the public improvements. The amount of such cash payment shall be determined by the Board of Supervisors in consultation with the Township Engineer. Any such payment shall be set aside in a Township fund for public improvements.
(3) 
Public street improvements. Public streets shall be constructed or improved in accordance with the applicable design and construction standards of this article.
(4) 
Private street improvements. Private streets shall adhere to the design standards and other requirements of § 185-68, Private streets.
(5) 
Utility relocations. Where it is necessary to relocate existing utility poles to make room for new or improved roads or for other improvements related to a subdivision or development, the developer shall be fully responsible for relocating the utility poles and the associated costs.
A. 
Street line deflections. Whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves.
B. 
Center-line radii. To insure adequate sight distance, minimum center-line radii for horizontal curves shall be as follows:
(1) 
Local streets.
(a) 
Local streets (existing or nonresidential): 150 feet.
(b) 
Local streets (new residential):
[1] 
Local access street: 100 feet.
[2] 
Secondary distributor street: 150 feet.
[3] 
Primary distributor street: 350 feet.
(2) 
Collector streets: 300 feet.
(3) 
Arterial streets: 500 feet.
C. 
Tangent required between curves. Except on local streets, a tangent shall be required between curves. A long radius curve shall be preferred in all cases to a series of curves and tangents. In addition, compound curves may be satisfactory in some instances. Tangents of 100 feet shall be required between reverse curves except as follows for new residential streets:
(1) 
Local access streets: 50 feet.
(2) 
Secondary distributor streets: 100 feet.
(3) 
Primary distributor streets: 150 feet.
D. 
Superelevation. Superelevation shall be required when curve radii are less than 600 feet on arterial or collector streets or as most currently specified by PennDOT.
A. 
Center-line grades. Center-line grades shall not be less than 1%.
B. 
Maximum center-line grades. Center-line grades shall be in conformance with the recommendations of the American Association of State Highway and Transportation Officials (AASHTO), but in no case shall exceed the following:
(1) 
Local street: 8%.
(2) 
Collector: 7%.
(3) 
Arterial streets: 4%.
C. 
Vertical curves. Vertical curves shall be used at changes of grade exceeding 1% and shall be designed in relation to the extent of the grade change (at a rate no more abrupt than 1% change in grade per 25 feet along center line), provided that the following minimum sight distances are maintained. If the minimum sight distances using AASHTO formulas are greater than those listed below, the greater sight distances shall apply.
(1) 
Local street: 200 feet.
(2) 
Collector street: 300 feet.
(3) 
Arterial street: 400 feet.
D. 
Leveling area at intersections. Where the grade of any street at the approach to an intersection exceeds 4%, a leveling area shall be provided with not greater than 4% grades for a distance of 50 feet measured from the nearest right-of-way line in the intersecting street.
E. 
No maximum grades with minimum curve radii. Under no conditions shall maximum grades be permitted with minimum curve radii.
F. 
Grading. Grading of one quarter of an inch per one foot shall be provided in the area from the back of the curb to at least 10 feet from the face of the curb, or in the full right-of-way width from the back of the curb, whichever area is greater. This grading width shall be increased as necessary where sidewalks or planting strips, or sidewalks and planting strips, are to be provided. Beyond the limits of this grading, banks shall be sloped to prevent erosion, but this slope shall not exceed two horizontal to one vertical, with tops of slope in cuts rounded. All streets shall be graded to the grades shown on the street profile and the cross-section plan submitted and approved with the final plan. All grading of streets also shall meet the requirements of all Township ordinances in the judgment of, and after inspection by, the Township Engineer or other person designated by the Board of Supervisors to inspect and check the grading of streets for accuracy.
A. 
Right angles. Streets shall be laid out to intersect at right angles.
B. 
Multiple intersections. Multiple intersections involving the junction of more than two streets shall not be permitted.
C. 
Clear-sight triangles. Clear-sight triangles shall be provided at all street intersections and driveway intersections with streets and shall be shown on the subdivision or development plan. Each side of the sight triangle shall be a minimum of 75 feet, measured from the point of intersection along each road center line. Within such triangle, no vision-obstructing object shall be permitted which obscures vision above the height of 30 inches and below 10 feet, measured from the center-line grade in intersecting streets. Deed restrictions shall be recorded to ensure that clear sight triangles are maintained.
D. 
Intersection separations at arterials. Intersections with arterial streets shall be located not less than 1,000 feet apart, measured from center line to center line.
E. 
Street offset alignments. Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum offset of at least 150 feet on local and collector streets and 300 feet on arterial streets, measured from center line to center line.
F. 
Paving radii at intersections. All street intersections shall have a minimum paving radius corresponding to the following corner curb radii: 25 feet for local streets, 30 feet for collector streets, and 40 feet for arterial streets. Where streets of different functional classifications intersect, the requirements for the higher classification shall hold.
G. 
Sight distances at street intersections. In designing street intersections, the sight distance dimensions most currently recommended by PennDOT shall be used. Sight distance shall be measured from a point set back 15 feet from the intersected pavement edge on the street controlled by a stop sign or signal.
H. 
Street signs. All necessary street name signs and traffic control signs shall be the responsibility of the applicant to provide and erect. The street signs shall meet PennDOT safety standards and shall be subject to approval by the Board of Supervisors. Street signs and traffic control signs shall be erected before the issuance of any certificates of occupancy on that street.
All streets of any new subdivision or land development shall be built to the standards and specifications contained herein, and to applicable state and federal highway department specifications (e.g., Pennsylvania Department of Transportation Specifications, Publication 408, latest revision).
A. 
Subgrade.
(1) 
Within limits of road surface. The area within the limits of the proposed road surface shall be shaped to conform to the line, grade and cross-section of the proposed road.
(2) 
Unsuitable materials to be removed. All unsuitable subgrade materials shall be removed or stabilized.
(3) 
Permits required for encroachment into wetland areas. Encroachment into wetland areas or the Floodplain Conservation District, where unavoidable, shall be done only after all required permits for such encroachment are obtained from PADEP, FEMA, U.S. Army Corps of Engineers, or other agency having jurisdiction over such areas. Where permitted, such areas shall be permanently drained and stabilized. Subbase drains shall be installed where deemed necessary by the Township Engineer during construction. The proposed method of subgrade preparation for such areas shall be detailed on the subdivision or land development plan.
(4) 
Fill material: suitable, uniform and compacted. Fill material shall be suitable and thoroughly compacted for its full width, including shoulder areas, in uniform layers of not more than eight-inch thickness.
(5) 
Subgrade compacted. The subgrade beneath cartways, shoulders and sidewalks shall be thoroughly compacted to not less than 100% of the maximum modified proctor density.
(6) 
Backfill compacted. Backfill of trenches within the cartway and curb area shall be thoroughly compacted prior to application of the base course. Refer to § 185-67F for trench backfill specifications.
(7) 
Township inspection of subgrade. The subgrade shall be checked and approved by the authorized Township Engineer for lines, grade, crown, contour, suitable materials and compaction before any succeeding courses are applied.
(8) 
Township inspection of roads and streets. Crown board and straight edge shall be used for checking road and street construction. Maximum deviation shall not exceed one-quarter of an inch.
B. 
Base course.
(1) 
Base course materials. Base course shall consist of one of the following materials, installed as specified by PennDOT to the thickness shown respectively below:
(a) 
Crushed aggregate base course from PennDOT publication, "Seldom-Used Specifications", eight inches thick installed.
(b) 
PennDOT Schedule 3A modified stone base course, 10 inches thick installed.
(c) 
Bituminous Concrete Base Course (BCBC), four inches thick installed on top of six inches of PennDOT subbase material.
(2) 
Compaction of base course. The base course shall be rolled uniformly and thoroughly compacted according to requirements of PennDOT Publication 408. Rolling shall continue until the material does not creep or wave ahead of the roller wheels.
(3) 
Extent of base course. The base course shall extend 12 inches beyond the edge of paving on all streets constructed without a curb.
(4) 
Special tests of areas of fill over three feet. In fill areas over three feet thick, compaction tests are required in each eight-inch layer at 150-foot intervals. The tests must be performed by a certified testing laboratory and results submitted to the Township Engineer. All compaction must be 100% of the maximum modified proctor density. Any layer not meeting this standard shall be removed or re-rolled until suitable compaction is obtained.
(5) 
Filling of voids. After compaction of the base stone, dry screenings shall be applied in sufficient quantity to fill all of the voids in the rolled stone base. A vibratory roller, of PennDOT approved design, must be used in this step of construction and rolling shall continue until all voids are filled. Small areas around inlets and manholes that cannot be reached by the vibratory roller shall be compacted with a mechanical tamper or whacker.
(6) 
Removal of loose screenings. When the stone surface is tight and will accept no more screenings, all loose screenings shall be removed from the surface to expose the top 1/2 inch of the aggregate over at least 75% of the road.
(7) 
No placement of materials on wet or frozen surfaces. No base material shall be placed on a wet or frozen subgrade.
(8) 
Tack coat. When so required by the Township Engineer, a tack coat shall be applied.
C. 
Bituminous surface.
(1) 
Material. Bituminous material shall be PennDOT Schedule ID-2 with four inches of binder course and 1 1/2 inches of wearing course.
(2) 
Uniform slope. The completed road surface shall have a uniform slope of 1/4 inch per foot from edge to center line, except that on super-elevated curves, this slope shall not be less than 1/4 inch per foot and shall extend up from the inside edge to the outside edge of the paving.
(3) 
Restrictions on laying of courses. No visible moisture shall be present prior to the laying of each course. Road surface temperature shall be 50° F. or greater prior to laying of the bituminous surface, with the air temperature rising.
(4) 
Sealing of wearing courses. All wearing surface courses shall be sealed to the concrete curb and at its joint with existing streets and driveways with a one-foot-wide PennDOT Schedule Class BM-1 asphalt gutter seal.
(5) 
Inspection by Township. Application of all bituminous layers of roadway paving shall require full-time inspection by the Township or its authorized representative.
D. 
Verification of materials. The Township shall require delivery slips for all materials used in the construction of streets.
E. 
Grading and shoulders.
(1) 
Supporting shoulders. Supporting shoulders shall be constructed on all sections of projects where a base course or pavement is to be constructed without other permanent support along the sides.
(2) 
Grading beyond edge of paving required. Roadways shall be graded for not less than eight feet beyond the edge of the proposed paving on each side. This grading width shall be increased as necessary where sidewalks and/or planting strips are to be provided. Shoulders shall be compacted and graded with a slope of one inch per foot, unless otherwise permitted in § 185-67E(3) below. Beyond the limits of this grading, banks shall be sloped to prevent erosion but this slope shall not exceed one vertical to three horizontal to one vertical, with tops of slopes in cuts rounded. Steeper slopes shall only be permitted where excessive cut or fill would otherwise be required.
(3) 
Slopes of swales. In cases where swales must be provided in the right-of-way area outside of the paved cartway, cut slopes shall be limited to one vertical to two horizontal and fills shall be limited to one vertical to three horizontal.
F. 
Backfilling of road excavations. All trenches or other excavations in existing or proposed roads shall be backfilled in accordance with the following:
(1) 
Backfilling. Backfilling shall be done as promptly as possible.
(2) 
Backfill materials. The trench shall be backfilled with coarse aggregate consisting of screenings, 2RC, 2A modified or other aggregate as approved by the Township Engineer to a height of at least one foot above the top of the conduit, pipe or pipe bell. These screenings shall be placed with the hand shovels and not from trucks or with the use of power equipment and shall be free from refuse, boulders, rocks, unsuitable organic material or other material which, in the opinion of the Township, is unsuitable.
(3) 
Backfilling of pipe trenches. When the pipe is located in a dedicated street or any place where paving (including driveways) may be placed, the remainder of the trench shall be backfilled with 2RC or other approved materials and promptly compacted. The backfill material shall be mechanically tamped in approximately six-inch layers.
(4) 
Restoration of openings in existing roads. Where openings have been made in existing Township roads, paving shall be restored in accordance with the paving standards contained in this chapter. Openings made in state roads shall be restored in accordance with the Pennsylvania Department of Transportation specifications. Permits shall be obtained before paving is opened in any existing state or Township road.
(5) 
Openings beyond curblines. Where openings are made behind the curbline, work shall be as specified below. The opening shall be covered with good topsoil to a depth of six inches and seeded or sodded to the satisfaction of the Township Engineer.
(6) 
Refilling, recompaction, regrading. Whenever the trenches have not been properly filled or if settlement occurs, they shall be refilled, compacted, and graded to conform to the surface of the ground.
(7) 
No frozen earth to be used. Frozen earth shall not be used for backfilling, nor shall any backfilling be done when materials already in the trench are frozen.
(8) 
Unsuitable material to be removed. Where excavated material, or any portion thereof, is deemed by the Township Engineer to be unsuitable for use as backfill, the applicant or applicant's agent shall replace backfill material with material approved by the Township.
G. 
Notification of emergency services. The applicant shall be responsible for notifying all emergency service agencies when construction will impact accessibility on existing roads.
Private streets will be permitted only when proper maintenance is guaranteed by the developer and when in accordance with the requirements outlined below. Private streets shall be clearly identified as such on each preliminary and final plan. Deeds transferring any lots served by such a private street shall identify the street as a private street to be privately maintained. Private streets shall be prohibited in nonresidential subdivisions.
A. 
Design standards.
(1) 
Widths. Private streets shall have a right-of-way of 50 feet and a minimum paved cartway width of 16 feet. Shoulders shall be provided to a minimum width of four feet on either side of the paving. Curbing is not required except as deemed necessary under certain circumstances, such as to alleviate a critical stormwater condition, or as required by the Township Engineer.
(2) 
Grades. Where no further subdivision is possible, the maximum allowable grade of the paved cartway shall be 15%; otherwise, the maximum allowable grade shall be as required by § 185-65. The minimum center-line grade shall be 1% to facilitate drainage. A five-percent grade or less shall be maintained within the public road right-of-way and for a minimum of 25 feet beyond. Where a greater than five-percent grade is involved, one parking space per lot served shall be provided at the entrance from the public street adjacent to but outside of the public right-of-way.
(3) 
Cartway construction requirements.
(a) 
Grades up to 5%:
[1] 
Subgrade: construct according to § 185-67A of this chapter.
[2] 
Stone base: 3A modified, six inches thick after compaction.
[3] 
Stone surface: 2A modified, two inches thick after compaction.
(b) 
Grades greater than 5% and up to 15%:
[1] 
Subgrade: construct according to § 185-67A of this chapter.
[2] 
Base course: crushed aggregate base course consisting of AASHTO No. 1 Stone with screenings (from PennDOT publication "Seldom Used Specifications"), six inches thick after compaction.
[3] 
Stone surface: 2A modified, two inches thick after compaction.
(c) 
Area along first 50 feet from public street:
[1] 
Subgrade: construct according to § 185-67A of this chapter.
[2] 
Base course: 2A modified, six inches thick after compaction.
[3] 
Paving: The base surface course shall be shaped and rolled to provide a two inch crown or shall be sloped laterally to facilitate drainage and shall be covered with 1 1/2 inches of ID-2 compacted binder course followed by one inch of ID-2 compacted wearing course. This requirement may be reduced or waived in the event the street that it intersects is not paved.
(4) 
Other construction requirements.
(a) 
Intersection with public street. At the intersection with a public street, the private street shall be provided with paved twenty-five-foot radii. The intersection shall meet the sight-distance criteria of § 185-66G of this chapter. The Township may consider waiving this requirement if the public street is not paved.
(b) 
Turnaround. A turnaround facility for use by passenger, service, and emergency vehicles shall be provided within the right-of-way, at the end of the private street most distant from the public street. A turnaround shaped in a T or a Y configuration shall be provided, with the top of the T being 50 feet long by 20 feet wide. In the event the private street does not initially, but is later to be, extended to the last house or lot on the street, the interim turnaround may take the form of a street extension 20 feet beyond the second driveway with the T or Y configuration turnaround.
(c) 
Drainage. Drainage swales, culverts, and curbing shall be provided, when required, to minimize stormwater and icing problems at the intersection and along the private street length.
(d) 
Backfilling. Private streets shall comply with the requirements of § 185-67F for the backfilling of road excavations.
B. 
Agreement.
(1) 
Maintenance, repair, construction and reconstruction. As a condition to final plan approval, an agreement providing for maintenance, repair, construction, and reconstruction, including drainage facility maintenance and snowplowing of private streets, shall be submitted to the Township and recorded with the approved final plan. The deed for each new or existing lot fronting on the private street shall reference the agreement.
(2) 
Conditions of dedication offer. The agreement shall also contain the conditions under which the street may later be offered for dedication. The conditions shall state that at the time of offer for dedication the street must conform to the Township public street specifications or that the owners of the abutting lots shall include with the offer of dedication sufficient money, as estimated by the Township Engineer, for the Township to bring the street into conformance with Township specifications in effect at the time of dedication.
C. 
Information required for private streets. The following information shall be included with the (preliminary/final) subdivision plan when a private street is proposed:
(1) 
Existing and proposed contours at two-foot contour intervals based upon an accurate field topographic survey.
(2) 
Center-line profile of the street.
(3) 
Drainage details for swales and culverts.
(4) 
Typical cross sections of the cartway and right-of-way.
(5) 
Cartway construction specifications.
A. 
Limitations on use. Alleys shall be prohibited in developments consisting entirely of single-family detached dwellings except where the average lot size for such developments is 12,500 square feet or less.
B. 
Standards. Alleys proposed for new residential development shall be consistent with the standards of § 185-63A(8) of this chapter.
C. 
Minimum width. Where alleys are permitted and are intended to be dedicated to the Township, they shall have a minimum right-of-way width of 33 feet and have a minimum paved cartway width of 16 feet.
D. 
Setbacks. No part of any dwelling, garage or other structure may be located within 20 feet of the center line of the alley or within the applicable setback required by Chapter 240, Zoning.
E. 
No dead-end alleys. Dead-end alleys shall be prohibited.
F. 
Construction standards. Construction standards shall be the same as that required for public streets. Where alleys intersect other roads, such intersections shall be consistent with the standards for road intersections.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Design and construction of driveways shall comply with the requirements of Chapter 67, Driveways, of the Code of Newlin Township.
A. 
Utility easements. Where easements are required for utilities, such as water and/or sewer facilities intended for dedication, the requirements for easement shall be determined by the Township. Easement requirements for other utilities and road construction and maintenance shall be similarly established.
B. 
Minimum width. Utility easements and easements to community facilities shall be at least 20 feet wide to provide access for maintenance vehicles. Local utility companies shall be consulted when locating easements. Storm drainage easements shall be provided as required in § 185-75, Stormwater management.
C. 
Location on rear of side lot lines. To the fullest extent possible, easements shall be located along rear or side lot lines.
D. 
Setbacks measurements. The required minimum setback and yard dimensions for any lot shall be measured from the lot line, except where the Township makes a determination that such dimension shall be measured from the edge of an easement.
E. 
Easements kept free of obstructions. Except for driveways, nothing shall be constructed, placed, planted, set or installed within the area of an easement. The area shall be kept as lawn or, where required, vegetative buffer.
F. 
Watercourse easements. Where a subdivision or land development is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance.
G. 
All easements to be shown on plans. No right-of-way or easement shall be recited or described in any deed unless the same has been shown on the approved plan. Any easement or right-of-way required herein shall be made part of the deeds of all affected properties. Any error found in a deed shall be immediately corrected and rerecorded in the Chester County Recorder of Deeds office, at the sole expense of the applicant. The applicant shall be solely responsible to the buyer for any failure to record an easement or right-of-way shown on the approved plan. Failure to record an easement or right-of-way shown on the approved plan shall not prevent its intended use from being realized.
A. 
Sidewalks.
(1) 
Requirements for paved sidewalks. Paved sidewalks shall be provided on both sides of all streets in all commercial developments; on both sides of all streets within 1,000 feet of any school; and on both sides of all streets in all residential developments where the lot size is less than 1/4 acre.
(a) 
Sidewalks may be required on only one side of the street in residential subdivisions where residential lots are located on only one side of the street.
(b) 
Sidewalks may be required in nonresidential developments unless it can be shown, to the satisfaction of the Board of Supervisors, that pedestrian traffic does not follow or mix with vehicular traffic and is not likely to in the future.
(2) 
Minimum width. Sidewalks shall have a minimum width of four feet except along collector and arterial streets and adjacent to schools, shopping centers, and community facilities, where they shall be a minimum of five feet wide.
(3) 
Sidewalk placement. Sidewalks shall be placed within the street right-of-way not less than three feet from the cartway and a minimum of one foot from the right-of-way line; gradient and paving of such sidewalks shall be continuous across all private driveways. A grass planting strip shall be provided between the curb and the sidewalk.
(4) 
Sidewalk construction specifications. All sidewalks shall conform to specifications for class A concrete, as specified by PennDOT, with six-percent air entrainment and a minimum compressive strength of 3,300 psi after 28 days. Unless otherwise approved, cement concrete sidewalks shall be constructed on a four-inch crushed stone or gravel base to ensure proper drainage. Concrete thickness shall be four inches except at driveway crossings, where it shall be six inches thick. Welded wire fabric (6/6-10/10) shall be provided in all sidewalks constructed at driveways.
(5) 
Expansion joints. Expansion joints shall be placed at least every 20 feet, and the sidewalk shall be scored at five-foot intervals between such expansion joints. Expansion joints shall also be placed between all points where the concrete sidewalk abuts a concrete curb and as otherwise required by the Township Engineer.
(6) 
Verification of materials. The applicant shall provide the Township copies of all delivery slips for all materials used in the construction of sidewalks within seven days of delivery.
B. 
Paths and walkways.
(1) 
Requirement for paths and walkways. At the discretion of the Board of Supervisors, with recommendations from the Planning Commission, a system of bicycle, equestrian, and/or pedestrian paths for public use generally unrelated to and separate from streets shall be established and secured by dedication or easement. Such paths shall be consistent with the Township Open Space Plan or any other applicable plans specified by the Township, so as to encourage the formation of an interconnecting trail network both within and beyond the Township. Such paths normally shall not exceed 10 feet in width and, at the option of the applicant, shall be located adjacent to existing or proposed lot lines, or in such manner as to minimize any obstruction to the development. Existing paths may be relocated if a connection with a path on an adjoining property is thereby established.
(2) 
Pedestrian walkways. To facilitate circulation, pedestrian walkways may be required to serve the interior of developments and link to outside trail networks. Such walkways shall be a minimum of four feet in width and shall be of a durable surface satisfactory to the Board. Where the walks are not within a street right-of-way, a separate right-of-way at least 10 feet wide shall be designated on the subdivision or land development plan. As appropriate, the walks shall be maintained by the homeowners' association (when the walks traverse common areas) or by the abutting property owners (when the walks traverse existing lots).
A. 
When curbs are required. Curbs shall be required for new developments where necessary to facilitate drainage control, access control, pavement edge support, and the protection of pedestrians, signs and vegetation. Curbs shall always be required wherever sidewalks are required (see § 185-72).
B. 
Installation. Concrete curbs shall be installed along each side of all streets and along the median island of divided streets. Curbs may be required along the inner radius of any cul-de-sac with an island.
C. 
Stabilization of shoulders. Where, in the opinion of the Board of Supervisors and upon recommendation of the Township Engineer, curbs are determined to be unnecessary, a stabilized shoulder shall be provided, subject to approval by the Township Engineer. In areas where curbs are not used, satisfactory provisions, such as drainage swales, shall be made to prevent erosion. The use of drainage swales shall be allowed only on streets with a grade of less than 7%; otherwise, curbs shall be provided.
D. 
Curb construction specifications. Except where state or federal highway department manuals require a greater standard, concrete curbs shall be 18 inches deep, seven inches wide at the top, eight inches wide at the gutter line, and at least eight inches wide at the base. The nominal distance from the top of the curb to flow line of the gutter shall be eight inches. Expansion and contraction joints shall be placed in accordance with PennDOT specifications. A combination curb and gutter may be used at the option of the developer when approved by the Township Engineer. Where combination curb and gutter is used, it must be placed on a minimum of four inches of crushed stone or gravel to provide adequate drainage beneath the curb.
E. 
Reinforcements. Where a curb joins a storm inlet or joins with a tangent curb on a sharp radius, two No. 4 steel reinforcing bars 24 inches in length shall be embedded in the concrete. Depressed curb at driveways shall also contain this steel reinforcement.
F. 
Curb strength. All concrete used in the construction of improvements shall have six-percent air entrainment and shall be certified to develop a compression strength of at least 3,300 psi at 28 days, with certification of the mix furnished to the Township Engineer. Concrete shall be placed in forms that are straight and securely braced. Care shall be taken to control the water content to prevent separation of the aggregates. All the concrete shall be thoroughly vibrated into the forms. After the concrete has been set sufficiently, the form shall be removed and the exposed surface shall be rubbed to provide an even finish. All visible edges shall be finished with an edging tool. A continuous formless curb shall be permitted if PennDOT specifications are met.
G. 
Joint sealing. After completion of bituminous paving, PennDOT Schedule BM-1 asphalt shall be applied to the joint between the curb and the bituminous paving for a distance of one foot from the curb toward the center of the road of sufficient thickness to effectively seal the joint between the curb and the bituminous paving.
H. 
Depressed curbing. To provide for driveways and handicap access ramps, depressions in the curbing may be constructed and finished during the time of pouring.
I. 
Verification of materials. The applicant shall provide the Township copies of all delivery slips for all materials used in the construction of curbs within seven days of delivery.
J. 
Alternate designs. Alternate designs such as the use of asphalt rolled curbs, low-profile curbs, or other designs, instead of the use of curbs, may be proposed by the applicant when such designs are compatible with local conditions.
A. 
Placement requirements. Monuments or markers shall be placed in accordance with the requirements of this section. Monuments and markers shall be installed flush with the ground and meet the following minimum criteria:
(1) 
A monument shall be a stone or concrete post, with a flat top at least four inches across and at least 24 inches in length with a permanently inscribed center mark on the top.
(2) 
A marker shall be a metal pipe or pin of at least 1/2 inch diameter and at least 24 inches in length.
B. 
Locations of monuments. Monuments shall be placed at each change in direction of boundary; two to be placed at each street intersection and one on one side of each street at angle points and at the beginning and end of curves. Utility easements shall be monumented at their beginning and at their end, and areas to be conveyed for public use shall be fully monumented at their external boundaries.
C. 
Substitution of markers. Markers may be substituted for monuments only when placed at individual lot corners within a subdivision.
D. 
Placement by surveyor. All monuments and markers shall be set by a registered professional surveyor and placed in the ground after final grading is completed at a time agreeable to the Township Engineer.
E. 
Accuracy. All monuments and markers shall have their accuracy certified by the applicant's engineer and be checked for accuracy by the Township Engineer. Accuracy of monuments shall be within 3/100 of a foot.
F. 
Bench marks. The Township elevations are based on the 1929 mean sea level datum. All contours and elevations shown on plans submitted to the Township must be based on this system.
A. 
Goals. The goals for stormwater management in Newlin Township are:
(1) 
Health, safety and general welfare. To protect the health, safety and general welfare of the Township residents by protecting the surface water and groundwater of the Township through effective stormwater management and control of sedimentation and erosion, as provided in this chapter.
(2) 
Limit adverse effects of development. To limit the negative impacts of development that occur with inadequately managed stormwater. These negative impacts include, but are not limited to, altered hydrology, lowering of the groundwater table, physical stream impacts, and biological impacts to non-point source pollutants.
B. 
Purpose. The purposes of stormwater management regulations in Newlin Township are:
(1) 
To maintain the predevelopment water balance in watershed and subwatersheds containing first order and other especially sensitive streams in the Township, and to work to restore natural hydrologic regimes wherever possible throughout the stream system;
(2) 
To maintain the predevelopment volume of groundwater recharge;
(3) 
To prevent significant increase in surface runoff volumes, predevelopment to post-development, thereby mitigating flooding downstream in the watershed, enlarging floodplains, eroding stream banks, and creating other flood-related health-welfare-property losses, and to work to reduce runoff volumes to natural levels;
(4) 
To maintain predevelopment peak rates of discharge, site-by-site, so as not to worsen flooding adjacent to downstream sites, and to work to restore peak runoff rates to natural levels;
(5) 
To minimize nonpoint source pollutant loading to groundwater and surface waters generally throughout Newlin Township;
(6) 
To minimize impacts on stream temperatures;
(7) 
To minimize aesthetic impacts;
(8) 
To manage stormwater through approaches and practices which rely on natural process to the greatest extent possible and require a minimum of structures.
C. 
Applicability. The provisions of this section and Chapter 170, Stormwater Management, shall apply to all subdivisions and land developments, as defined by this chapter or as otherwise required by the Township;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
General provisions. The following provisions shall be followed and incorporated into the development review and construction process:
(1) 
The choice and design of stormwater management systems used to meet the requirements of this section shall be based on the system types and specifications set forth in the Pennsylvania Handbook of Best Management Practices for Developing Areas, published by the Commonwealth of Pennsylvania. The use of other control methods, such as those contained in the latest editions of the Current Assessment of Urban Best Management Practices, and Controlling Urban Runoff, published by the Metropolitan Washington Council of Governments, that meet the criteria established in this section, may be permitted if approved by the Township Engineer. Various combinations of methods should be tailored to suit the particular requirements for the type of development and the local site conditions.
(2) 
The choice and design of stormwater management systems are to be developed through a procedure that selects and locates best management practices, viewing components in the following priority:
(a) 
Seeking to control runoff at its source through infiltration;
(b) 
Improving the quality of the stormwater during conveyance;
(c) 
Providing for detention.
(3) 
The selection of a competent and creative design engineer by the applicant clearly is critical to the success of an approach that emphasizes the use of best management practices. In order to achieve the standards and construction and maintenance cost reductions which are intended in this chapter, additional time and money is required in the process in preliminary engineering and design. Review and approval of the stormwater management plan will be heavily dependent on the technical review by the Township Engineer and compliance with this chapter.
(4) 
The applicant or applicant's agent shall design, construct and/or install drainage facilities to prevent soil erosion, damage and siltation, and to manage stormwater in order to prevent the impairment of public safety or physical damage due to concentration of the stormwater runoff onto adjacent properties in accordance with this chapter and applicable rules and regulations of the PADEP and the Chester County Conservation District. All land areas shall be graded to secure proper drainage away from buildings, on-site sewage disposal systems, and to prevent the uncontrolled collection of stormwater in pools. The system shall be designed to collect and recharge water to the greatest extent possible.
(5) 
The rate of stormwater runoff from any proposed subdivision or land development shall not exceed the rate of runoff prior to development. Requirements for design of stormwater management systems that incorporate groundwater recharge as an essential element in order to control quantity of discharge is outlined in this chapter. The distribution of drainage discharge from the developed properties shall replicate that of before development conditions to the maximum extent possible. The methodology and facilities used shall be based on the anticipated flows and conditions of each particular site.
(6) 
The stormwater management plan for each subdivision or land development proposal shall take into account and provide for the peak rate and volume flows of other areas in the watershed to ensure that cumulative problems are not increased as a result of flows from the proposed project. This analysis shall also explore possibilities to share stormwater management facilities with other areas in the watershed, in which case consultation with the Township shall be required prior to design.
(7) 
Recharge facilities, detention facilities, storm sewers, culverts, bridges and related drainage installation shall be designed and constructed to meet the following purposes:
(a) 
To permit unimpeded flow of natural watercourses. Such flow may be redirected as required, subject to the approval of the PADEP;
(b) 
To insure adequate drainage of all low points as may be related to streets;
(c) 
To intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained to prevent flow of stormwater across intersections during the design storm;
(d) 
To insure adequate and unimpeded flow of stormwater under driveways in, near, or across natural watercourses or drainage swales. Properly sized pipes or other conduits shall be provided as necessary;
(e) 
To prevent excessive flow on or across streets, sidewalks, drives, parking areas, and any other paved surface or accessway;
(f) 
To lead stormwater away from springs.
(8) 
To this end, the storm drainage system serving the street shall be designed to collect water at any point where three to five cubic feet per second is accumulated, and at the bottom of all vertical grades, and immediately upgrade of all street intersections. The system shall discharge any collected water that is not recharged into the nearest practical natural drainage channel or stormwater system.
(9) 
All natural streams, channels, swales, drainage systems, and/or areas of concentration of surface water shall be maintained in their existing condition, unless alteration is approved by the Township. In any event, all encroachment activities shall comply with Chapter 105 of the Commonwealth of PADEP, Dam Safety and Waterway Management Rules and Regulations.
(10) 
Man-made structures shall be kept to a minimum and bridges, culverts, or riprap shall be constructed to maintain natural characteristics of the stream and shall meet the approval of the Township.
(11) 
For the purpose of this subsection, streams and intermittent streams are defined as those watercourses depicted on the Township Zoning Map, the USGS Quadrangle maps of the area, and/or determined as such pursuant to an on-site survey by the Township or their representatives.
(12) 
Retention/detention basins shall be designed to utilize the natural contours of the land. When such design is impracticable, the construction of the basin design shall utilize slopes as shallow as possible to blend the structures into the existing terrain. The use of multiple retention/detention facilities, which are smaller and less intrusive on the site, is encouraged to meet the requirements of this section.
(13) 
All areas containing lakes, ponds, wetlands and watercourses shall be considered to be reserved for permanent open space. Any alteration, development, filling, piping, or diverting of such water resources shall be in strict compliance with the provisions of Chapter 240, Zoning, especially those pertaining to the Flood Hazard Overlay District, and all prevailing rules and regulations of federal and State agencies. The Township recognizes the use of wetlands as potential components of stormwater management facilities and encourages such innovative use if assurances are met that conservation measures are adequate and that all federal and state requirements are satisfied.
(14) 
The Township may require that a landowner or development provide reasonable corrective measures to alleviate any existing off-site drainage problem that may be affected by the proposed subdivision and/or land development. It shall be the responsibility of the landowner or developer to obtain all drainage easements on, over, or through other properties, and the Township, its agents, workmen and employees shall be indemnified and held harmless from any liability.
(15) 
Any water originating from nonnatural sources, such as swimming pools, air-conditioning units, sump pumps, roof drains, or other similar flow, shall be properly discharged into a recharge facility or natural watercourses on the property or connected to an existing or proposed storm drainage system as approved by the Township. Polluting matter from such sources may not be deposited into natural watercourses or storm drains.
(16) 
Any water originating from nonnatural sources, as referenced above, shall not be discharged onto any street or other public right-of-way used for pedestrian or vehicular access.
(17) 
All building foundations, grade slabs, and cellar floors located in soils that have a community development limitation degree of moderate to severe seasonal high-water table (as defined in the Chester County Soil Survey) shall be provided with an underdrain system. This system shall provide for drainage of the enclosed volume above the slab, and relief of subsurface water to a depth of not less than 18 inches below the slab or foundation field of the herringbone or gridiron configuration in coarse, gravel-filled trenches that are in direct contact with the slab or foundation subbase. The excavation shall provide a minimum of 0.05 foot/foot slopes to the gravel-filled trenches.
(18) 
To mitigate the potential polluting of surface and groundwaters by pollutants such as salt, petroleum products, and antifreeze flowing from paved parking lots, pretreatment of the runoff shall be required. The extent of the treatment shall be set by the Township Engineer and will be determined by such factors as the area of the parking lot and the course of the runoff as it is recharged or flows into natural waterways.
E. 
Permanent stormwater management standards. The following standards shall be used to develop the stormwater management system.
(1) 
Standard 1: After installation of impervious cover, there shall be no increase in the volume of stormwater runoff being discharged for up to the two-year frequency rainfall, predevelopment to post-development. If the Township Engineer determines that such a standard is not achievable on the site (all or in part) based on the existing soil, bedrock, water table, or other conditions on the parcel, Standard 3 provisions apply. For preliminary design purposes, this volume can be initially estimated as a depth of 2 1/2 inches per unit area of new impervious surface.
(2) 
Standard 2: After installation of impervious cover and assuming full compliance with Standard 1, the peak rate of stormwater discharges from the site for all design storms up to and including a one-hundred-year frequency rainfall shall not exceed the peak discharges from the site of the same storm before disturbance. Design storms include:
(a) 
One-year twenty-four-hour storm: 2.60 inches.
(b) 
Two-year twenty-four-hour storm: 3.20 inches.
(c) 
Five-year twenty-four-hour storm: 4.20 inches.
(d) 
Ten-year twenty-four-hour storm: 5.00 inches.
(e) 
Twenty-five-year twenty-four-hour storm: 5.60 inches.
(f) 
Fifty-year twenty-four-hour storm: 6.30 inches.
(g) 
One-hundred-year twenty-four-hour storm: 7.10 inches.
(3) 
Standard 3: If the volume standard set forth in Standard 1 cannot be achieved, then the peak rate standards are modified so that post-development peak rate discharges from the site for all storms up to the ten-year storm must be equal to or less than 75% of the respective peak rates for these storms, predevelopment.
(4) 
Standard 4: Under certain conditions, the Township, upon recommendation of the Township Engineer, may impose the following additional restrictions on stormwater discharges:
(a) 
Peak discharge may be further restricted when it can be shown that a probable risk to downstream structures or unique natural areas exists or that existing severe flooding problems could be further aggravated.
(b) 
Measures shall be imposed to protect against groundwater or surface water pollution where the type of business activity may result in significant nonpoint source pollution or the nature of the soils or bedrock underlying a stormwater management structure constitutes substantial risk of contamination, such as might be the case in limestone formations. Special provisions to be followed in these cases will be provided by the Township Engineer.
(c) 
Where groundwater yields are very low or where a groundwater supply already is heavily used, the Township may require that the entire volume of the two-year frequency rainfall (3.2 inches in 24 hours) be retained and infiltrated.
(5) 
Standard 5: Significant loading of nonpoint source pollutants shall not be discharged into either surface water or groundwater. "Significant" is defined as resulting in an increase greater than 10% of existing background concentrations of all water quality parameters of consequence identified in federal and state criteria for the watershed. In particular, nutrients (nitrate and total phosphorus), metals (cadmium and lead), total petroleum hydrocarbons (PH) and synthetic organic compounds identified by the US Environmental Protection Agency (EPA) as toxic or hazardous substances must be controlled. If the volume and peak rate standards above (Standards 1 and 2) are met, then water quality impacts are assumed to be adequately controlled. If the volume standard (Standard 1) above cannot be achieved, then a water quality impact analysis must be performed, at the direction of the Township Engineer, confirming prevention of any significant increase in nonpoint source pollution, with particular focus on the pollutants discussed above. Both structural and nonstructural (preventive) measures are to be considered for reduction and prevention of nonpoint source pollution.
F. 
Stormwater management calculation methods.
(1) 
In establishing the antecedent conditions for calculating runoff prior to land disturbance, the following assumptions shall apply:
(a) 
Average antecedent moisture conditions;
(b) 
A type II distribution storm;
(c) 
Woodland shall be used as the prior condition for those portions of the site having trees of greater than six-inch caliper or where such trees existed within three years of application;
(d) 
Meadow shall be used for all other areas including areas of existing cultivation or impervious surface;
(e) 
In performing the TR-55 calculations, all those areas to be disturbed during construction shall be assumed to be reduced one hydrologic soil group category level during post-development runoff calculations (i.e., HSG B is reduced to HSG C and so forth).
(2) 
In all plans and designs for stormwater management system and facilities submitted to the Township Engineer for approval, stormwater peak discharge and runoff shall be determined through the use of the Soil Cover Complex Method as set forth in Urban Hydrology for Small Watersheds, Technical Release No. 55, with specific attention given to antecedent moisture conditions, flood routing, and peak discharge specifications included therein and in Hydrology National Engineering Handbook, Section 4, both by the US Department of Agriculture, Natural Resources Conservation Service (Soil Conservation Service). Note that use of TR-55 with many of the natural system-based approaches and practices recommended by this chapter requires that calculations be performed on a detailed small subarea basis. The Township Engineer may permit the use of the Rational Method for calculation of runoff on land developments of five acres or less and for the design of storm structures.
(3) 
In calculating runoff after development, those areas covered by concrete lattice blocks on an appropriate base, porous pavement areas on an appropriate base, and roof areas which drain to properly designed and installed storage/groundwater infiltration beds shall be considered adequate to infiltrate any increased runoff from a two-year storm.
G. 
Specific infiltration system design criteria.
(1) 
Infiltration devices shall be selected based on suitability of soils and site conditions. Measures may include porous pavement with underground infiltration beds, vegetated infiltration beds, swales and trenches, or other seepage structures as proposed in the Pennsylvania Handbook of Best Management Practices for Developing Areas (1998) and related references prepared by the USEPA, the Washington Metropolitan Council of Governments, the Soil Conservation Services, the PADEP or other guidance documents.
(2) 
Soil infiltration tests shall be performed for all proposed infiltration areas; these tests shall include evaluation of selected soil horizons by deep pits and percolation measurements. Testing shall be reviewed and approved by the Township Engineer. The soil infiltration rate of discharge from the infiltration area being used in the proposed design shall be based on these measurements.
(3) 
The lowest elevation of the infiltration area shall be at least two feet above the seasonal high water table and bedrock, except in the case of limestone formation, in which case the distance shall be three feet.
(4) 
All roof drains shall discharge to infiltration systems with appropriate measures such as leaf traps and cleanouts taken to prevent clogging by vegetation.
(5) 
All infiltration systems shall have appropriate positive overflow controls to prevent storage within one foot of the finished surface or grade.
(6) 
All infiltration systems shall have a setback of 15 feet from all residential structures. Care should be taken to prevent any seepage into subgrade structures.
(7) 
All infiltration systems shall be designed to infiltrate the stored volume within 48 hours.
(8) 
All surface inflows shall be treated to prevent the direct discharge of sediment into the infiltration system; accumulated sediment reduces stormwater storage capacity and ultimately clogs the infiltration mechanism. No sand or other particulate matter may be applied to a pervious surface for winter ice conditions.
(9) 
During site construction, all recharge system components shall be protected from compaction due to heavy equipment operation or storage of fill or construction material. Recharge areas shall also be protected from sedimentation. All areas designated for recharge shall not receive runoff until the contributory drainage area has achieved final stabilization.
(10) 
The following procedures and materials shall be required during the construction of all subsurface facilities.
(a) 
Excavation for the infiltration facility shall be performed with equipment which will not compact the bottom of the seepage bed/trench, or like facility.
(b) 
The bottom of the bed and/or trench shall be scarified prior to the placement of aggregate.
(c) 
Only clean aggregate, free of fines, shall be allowed.
(d) 
The top and sides of all seepage beds, trenches, or like facilities shall be covered with drainage filtration fabric. Fabric shall meet the specifications of PennDOT Publication 408, Section 735, Construction Class 1.
(e) 
Perforated distribution pipes connected to centralized catch basins and/or manholes with provision for the collection of debris shall be provided in all facilities. The perforated pipes shall distribute stormwater throughout the entire seepage bed/trench or like facility.
(11) 
All infiltration facilities which service more than one lot and are considered a common facility shall have an easement provided to the Township for future access if necessary.
H. 
Additional stormwater detention facilities design requirements.
(1) 
Setbacks. The following setbacks are required for stormwater management facilities:
(a) 
Stormwater retention or detention basins shall be located at least 50 feet from any structure, whether existing or proposed.
(b) 
Stormwater retention or detention basins shall be located at least 50 feet from any property boundary or right-of-way.
(c) 
Stormwater retention or detention basins shall be located at least 50 feet from existing wetlands or the banks of existing streams.
(d) 
Recharge systems greater than three feet deep shall be located at least 10 feet from any basement wall and 25 feet from wastewater treatment areas.
(e) 
Any recharge system designed to handle runoff from any commercial or industrial impervious parking or outside storage area shall be a minimum of 50 feet from any water supply well or any wastewater treatment area.
(2) 
Riser. A riser or other acceptable outfall shall be provided at the outlet of all detention basins. The riser shall be constructed of precast or poured in place concrete with controlled orifices. The riser shall extend to an elevation one foot below the crest elevation of the emergency spillway. The riser shall be designed so that the rate of outflow is controlled by the pipe barrel through the basin berm when the depth of water within the basin exceeds the height of the riser. A trash rack or similar appurtenance shall be provided to prevent debris from entering the riser. All risers shall have a concrete base attached with a watertight connection. The base shall be of sufficient weight to prevent flotation of the riser. An antivortex device, consisting of a thin vertical plate normal to the basin berm, shall be provided on the top of the riser.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
Landscaping. All stormwater control systems, whether existing or proposed, shall be planted to effectively naturalize areas so as to become an integral and harmonious element in the local landscape. No trees shall be planted in dams more than 15 feet high.
(4) 
Emergency spillway. Whenever possible, the emergency spillway for detention basins shall be constructed on undisturbed ground. Emergency spillways shall be designed according to the Soil Conservation Service Engineering Field Manual. All emergency spillways shall be constructed so that the detention basin berm is protected against erosion. The minimum capacity of all emergency spillways shall be such that the combined capacity of the emergency spillway and the principal pipe barrel equal the peak flow rate from the one-hundred-year design storm. Emergency spillways shall extend along the upstream and downstream berm embankment slopes. The upstream edge of the emergency spillway shall be a minimum of two feet below the spillway crest elevation. The downstream of the spillway shall, at minimum, extend to the toe of the berm embankment. The emergency spillway shall not discharge over earthen fill and/or easily erodible material.
(5) 
Antiseep collars. Antiseep collars shall be installed around the principal pipe barrel within the normal saturation zone of the detention basin berms. The antiseep collars and their connections to the pipe barrel shall be watertight. The antiseep collars shall extend a minimum of two feet beyond the outside of the principal pipe barrel. The maximum spacing between collars shall be 14 times the minimum projection of the collar measured perpendicular to the pipe.
(6) 
Freeboard. Freeboard is the difference between the design flow elevations in the emergency spillway and the top of the settled detention basin embankment. The minimum freeboard shall be two feet.
(7) 
Slope of detention basin embankment. The maximum slope of earthen detention basin embankments shall meet the requirements contained in this subsection. Whenever possible, the side slopes and basin shape shall be amenable to the natural topography. Straight side slopes and rectangular basins shall be avoided.
(8) 
Width of berm. The minimum top width of detention basin berms shall be 10 feet.
(9) 
Slope of basin bottom. In order to insure proper drainage of the detention basin, a minimum grade of 2% shall be maintained for all sheet flow. A minimum grade of 1% shall be maintained for all channel flow.
(10) 
Energy dissipaters. Energy-dissipating devices (riprap, end sills, etc.) shall be placed at all basin outlets. Any pipe or other component which discharges directly into the basin shall be equipped with energy-dissipating devices and shall outlet into the bottom of the basin.
(11) 
Landscaping and grading of detention basin. All landscaping and grading standards shall be as follows:
(a) 
Cuts. No excavation shall be made with a cut face steeper than three horizontal to one vertical, except under the condition that the material in which the excavation is made is sufficiently stable to sustain a slope of steeper than three horizontal to one vertical. A written statement to that effect is required from an engineer and must be submitted and approved by the Township Engineer. The statement shall affirm that the site has been inspected and that the deviation from the slope should not result in injury to persons or damage to property. Retaining walls shall be required if a stable slope cannot be maintained. Any retaining wall design must be approved by the Township Engineer. The toe of the slope or headwall of any cut must be located a minimum of five feet from property lines.
(b) 
Fills. No fills shall be made which creates any exposed surfaces steeper in slope than three horizontal to one vertical, except where the fill is located so that settlement, sliding or erosion will not result in property damage or be a hazard to adjoining property, streets, or buildings. A written statement is required from an engineer certifying that s/he has inspected the site and that any proposed deviation from the slope specified above should not endanger any property or result in property damage, and must be submitted to and approved by the Township Engineer.
[1] 
A concrete or stone masonry wall designed and constructed in accordance with these specifications and standards may be required to support the face of the fill where the above-specified slopes are exceeded.
[2] 
The top of any fill or toe of the slope of any fill shall be located 25 feet from any property line with the exception of a downstream property line where the toe of the embankment shall be placed a sufficient distance to allow for energy-dissipating devices, but in no case less than 40 feet unless approved otherwise by the Township.
(c) 
Planting requirements. All areas proposed for recreational use, whether active or passive, shall be planted to effectively naturalize the areas to become an integral and harmonious element in the natural landscape.
(d) 
Drainage channels and retention areas. All storm drainage channels and retention areas, whether existing or proposed, shall be graded and planted to effectively naturalize areas so as to become an integral and harmonious part of the landscape by contour and type of plant material employed.
(e) 
Fence or screening. A fence or suitable vegetation screen shall be provided around all detention basins as required by the Township Engineer. All vegetative screening shall be at least 3 1/2 feet in height and shall be composed of the following shrubs: Barberry (Barberis species); Eleagnus (Eleagnus species); Firethorn (Pyracantha species); or Rose (Rose species). All vegetative screening shall provide a barrier to prevent entrance to the detention basin area. The fencing or vegetative screening requirement shall be waived only upon approval by the Township.
(12) 
Easements to be provided. Easements for all basins and storm pipes not located with the public street right-of-way shall be provided.
I. 
Stormwater drainage system design requirements.
(1) 
Design flow rate.
(a) 
The storm drain system shall be designed to carry a twenty-five-year peak flow rate and a fifty-year peak flow rate at the sump area. The design twenty-five-year peak flow rate into each inlet shall be indicated on the stormwater management plan. The twenty-five-year flow rate shall be determined by the rational formula, Q = CIA. Where:
[1] 
Q = Peak runoff rate, cubic feet per second (CFS);
[2] 
C = Runoff coefficient equal to the ratio of the runoff rate to the average rate of rainfall over a time period equal to the time of concentration;
[3] 
I = Average rainfall intensity to inches per hour for a time equivalent to the time of concentration;
[4] 
A = Drainage area in acres.
(b) 
Approximate values for the runoff coefficient and runoff intensity is found in the following sources:
Commonwealth of Pennsylvania
Department of Transportation
Design Manual, Part 2, Chapter 12
(2) 
Overflow system. An overflow system shall be provided to carry flow to the detention basin when the capacity of the storm drainpipe system is exceeded. The overflow system shall be of sufficient capacity to carry the difference between the one-hundred-year and the twenty-five-year peak flow rates.
(3) 
Inlet capacity. All inlets must be designed to accommodate the twenty-five-year peak flow rate. The capacity of each inlet shall be indicated on the stormwater plan. The capacity of all C, M or S type inlets shall be determined from the following source:
Commonwealth of Pennsylvania
Department of Transportation
Design Manual, Part 2
Highway Design
(4) 
Straight pipe selections. Wherever possible, all storm drainpipes shall be designed to follow straight courses. No angular deflections of storm sewer pipe sections in excess of 5° shall be permitted. No vertical curves shall be permitted in the storm drainpipe system.
(5) 
Minimum grade and size. All storm drainpipes shall be designed to maintain a minimum grade of 1/2%. All storm pipes shall have a minimum inside diameter of 15 inches.
(6) 
Pipe material and thickness. All storm sewers shall be a material which meets the one-hundred-year life expectancy criteria contained in the following:
(a) 
Pennsylvania Department of Transportation (PennDOT) strike-off letter Number 430-95-43, dated June 19, 1995 (Policy on Design, Fabrication, and Installation of Pipes), and any subsequent amendments;
(b) 
Revisions made to the PennDOT Design Manual Part 2, Chapter 10 after June 19, 1995.
(7) 
Pipe capacity. The capacity of all pipe culverts shall, as a minimum, provide the required carrying capacity as determined by the following source:
United States Department of Commerce
Bureau of Public Roads
Hydraulic Engineering Circular No. 5
Hydraulic Charts for the Selection of Highway Culverts
(8) 
Pipe arches. Where headroom is restricted, equivalent pipe arches may be used in lieu of circular pipes.
(9) 
Allowable headwater depth. At all inlets or manholes, the maximum allowable headwater depth shall be one foot below the top of the inlet grate of the manhole cover.
(10) 
Horizontal pipe deflections. A manhole or inlet shall be provided at all horizontal deflections in the storm pipe system exceeding 5°.
(11) 
Minimum and maximum cover. A minimum of 18 inches of cover shall be maintained over all storm drainpipes. The top of storm drainpipes shall be at least 1/2 foot below subgrade elevation.
(12) 
Diversion or runoff. All storm drainpipes shall be designed to carry the runoff into a detention basin or similar facility utilized to control the rate of runoff. No discharge at the top or side of basin embankments shall be permitted.
(13) 
Culverts and drainage channels.
(a) 
Design flow standards. All culverts and drainage channels shall be designed to carry a flow rate equal to a fifty-year, twenty-four-hour storm (Soil Conservation Service, Technical Release No. 55).
(b) 
Erosion prevention. All drainage channels shall be designed to prevent the erosion of the bed and bank areas. The flow velocity in all vegetated drainage channels shall not exceed three feet per second to prevent erosion unless special provisions are made to protect banks and channel bottoms against erosion. Suitable bank stabilization shall be provided where required to prevent erosion of the drainage channels. Where storm sewers discharge into existing drainage channels at an angle greater than 30° from parallel with the downstream channel flow, the far side bank shall be stabilized by the use of rip-rap or masonry, and/or concrete walls. The stabilization shall be designed to prevent erosion and frost heave under and behind the stabilizing media.
(c) 
Maximum side slope. Any vegetated drainage channel requiring mowing of the vegetation shall have a maximum grade of three horizontal to one vertical of those areas to be mowed.
(d) 
Design standard. Because of the critical nature of the vegetated drainage channels, the design of all vegetated channels shall, as a minimum, conform to the design procedure outlines in the PADEP manuals. Several acceptable sources outline procedures for nonvegetated drainage channels, including the following:
Bureau of Public Roads
Hydraulic Engineering Circular No. 5
Hydraulic Charts for the Selection of Highway Culverts
Federal Highway Administration
Hydraulic Engineering Circular No. 13
Hydraulic Design of Improved Inlets for Culverts
(e) 
References to publications and source documents. Reference to publications and source documents in this section shall be deemed to include any amendments and revisions thereof.
J. 
Standards during land disturbance.
(1) 
Control of runoff during land disturbance. During the period of land disturbance, when significant sediment can be contained in runoff, this runoff shall be controlled prior to entering any proposed infiltration area. Specific requirements are outlined in § 185-76, Soil erosion, sediment control and grading requirements.
(2) 
Additional requirements. Peak discharges and discharge volumes from the site shall comply with the appropriate sections above, with the following additions.
(a) 
For purposes of calculating required detention storage during land disturbance, peak discharges and discharge volumes shall be calculated based upon the runoff coefficients for bare soils during the maximum period and extent of disturbance. Controls shall insure that the difference in volumes and rates of peak discharge before disturbance and during shall not exceed those peak discharges and discharge volumes noted in this chapter. It should be understood that detention storage during the period of land disturbance and prior to establishment of permanent cover may require additional facilities on a temporary basis. Such measures shall be located so as to preserve the natural soil infiltration capacities of the planned infiltration bed areas.
(b) 
Wherever soils, topography, cut and fill or grading requirements, or other conditions suggest substantial erosion potential during land disturbance, the Township, as recommended by the Township Engineer, may require that the entire volume of all storms up to a two-year storm from the disturbed areas be retained on site and that special sediment trapping facilities (such as check dams, etc.) be installed.
(3) 
Sediment to be trapped. Sediment in runoff water shall be trapped in accordance with criteria of the County Conservation District and PADEP and removed through means approved by the Township Engineer to assure proper functioning and adequate capacity in the basins or traps.
(4) 
Protection of potential water supply areas. Procedures shall be established for protecting soils or geologic structures with water supply potential from contamination by surface water or other disruption by construction activity.
A. 
Purpose. The purpose of this section is to regulate modification of natural terrain and alteration of drainage by providing for certain runoff, erosion and sediment control measures, as well as to regulate the maintenance of grading, excavation and fill.
B. 
Applicability. The requirements of this section shall apply to all proposed subdivision or land development involving any land disturbance activity, including, but not limited to: grading, excavating, or disturbance of the topsoil, trees, or other vegetative cover, or introduction of fill material.
C. 
Soil erosion and sediment control requirements.
(1) 
Preparation of soil erosion and sediment control plan. The applicant or applicant's agent shall prepare a soil erosion and sediment control plan in accordance with the provisions of this section and in compliance with § 185-77 (soil erosion and sediment control plan). All land disturbance activities shall be conducted in such a way as to minimize erosion and sedimentation on adjoining and downslope properties.
(a) 
The applicant or applicant's agent undertaking land disturbance activity, including, but not limited to, grading, excavating, or disturbance of topsoil or vegetative cover, or introduction of fill material that may affect the existing flow of surface water within or downslope from the subject parcel, shall be required to:
[1] 
Collect on-site runoff and manage its release to a point of discharge into a natural watercourse of the drainage area.
[2] 
Protect and clean the downslope and adjoining properties of slit and debris washed from the subject property as a result of land disturbance activities on the subject property.
[3] 
Install all drainage and erosion control improvements as required by the approved soil erosion and sediment control plan.
(b) 
Measures to minimize soil erosion and sedimentation shall meet the standards and specifications contained in the PADEP, Soil Erosion and Sediment Pollution Control Manual, as amended, and the Pennsylvania Clean Streams Law, 25 Pa. Code Chapter 102, Erosion and Sedimentation Control Rules and Regulations, as amended, and the specifications contained herein. The Township Engineer or other duly authorized agent shall ensure compliance with the appropriate specifications.
(2) 
Disturbance to be kept to a minimum. The disturbed area and the duration of exposure shall be kept to a practical minimum, and the disturbed soils shall be stabilized as quickly as practical.
(a) 
The permanent or temporary vegetation, erosion control and stormwater management structures and systems shall be installed within 20 days of the initial ground breaking.
(b) 
If located adjacent to a stream within a watershed classified as high quality of exceptional value as designated by Pennsylvania Code 25, Chapter 93, Water Quality Standards, as amended, all graded surfaces shall be stabilized, whether temporary or permanent, within three days of the initial groundbreaking and, weather permitting, shall be watered, tended and maintained until growth is well established.
(3) 
Retention of natural vegetation. Whenever feasible, natural vegetation shall be retained, protected and supplemented as provided in Chapter 240, Zoning.
(4) 
Sediment to be trapped until stabilization. Sediment in the runoff water shall be trapped until the disturbed area is permanently stabilized by the use of measures such as debris basins, sediment basins, silt traps, or similar measures. Accumulated sediment shall be kept removed to ensure continued adequate capacity in the basins or traps.
(5) 
Submission with preliminary and final plans. A grading, excavation, erosion and sediment control plan shall be submitted with the preliminary and final plan applications. Such plan shall be submitted in accordance with the PADEP Erosion and Sediment Pollution Control Manual, as amended, and the Special Protection Waters Implementation Handbook, as amended, and in compliance with the most current review requirements of the Chester County Conservation District.
(a) 
When required by the most current regulations of the PADEP, development plans will be filed by the Conservation District with the PADEP for issuance of a National Pollutant Discharge Elimination System (NPDES) permit.
(b) 
Soil erosion and sediment control plans shall incorporate facilities for stormwater management in accordance with the policies and regulations of the Chester County Conservation District and the stormwater management plan.
(c) 
Upon recommendation from the Township Engineer, the Township may require the submission of plans, regardless of their size or other outside review requirements, to the Chester County Conservation District for review and approval. In such a case, approval by the Chester County Conservation District shall be required before final approval of a subdivision or land development or the issuance of a building permit in the case of a minor subdivision.
D. 
Standards for grading, excavation and fill requirements.
(1) 
Limitations. No excavation or fill shall be made with an exposed face steeper in slope than three horizontal to one vertical, except under one or more of the following conditions:
(a) 
The material in which the excavation or fill is to be made is sufficiently stable to sustain a slope of steeper than three horizontal to one vertical, and a written statement to that effect by a licensed professional engineer experienced in erosion control is submitted and approved by the Township Engineer. The statement shall certify that the site has been inspected and that the deviation from the slope specified will not result in injury to persons or damage to property or increased erosion and resulting sedimentation.
(b) 
When a retaining wall is provided to support the face of the excavation at a maximum height of three feet or a stepped level or terraced retaining wall system with a combined maximum height of six feet.
(2) 
Flatter slopes may be required by Township Engineer. The Township Engineer may require a flatter slope when it is found that the material in which the excavating is to be made is unusually subject to erosion or if other conditions exist which make such a shallower slope necessary for stability and safety.
(3) 
Separation of slope from property lines. The top or bottom edge of slopes shall be located at least five feet from property lines or from any ultimate right-of-way, whichever is more restrictive, in order to permit a gradual rounding of the edge without encroaching onto the abutting property. At property lines where resulting slopes are steeper than three horizontal to one vertical or a retaining wall system is three feet or more in height, a protective fence shall be located on top of the slope or retaining wall system. The fence shall be a minimum of four feet in height.
(4) 
Protection of angle of repose. Excavation shall not exceed below the angle of repose or natural slope of the soil under the nearest point of any footing or foundation or any existing building or structure unless such footing or foundation is first properly underpinned or protected against settlement.
(5) 
No water to be directed towards adjacent properties. Grading shall not redirect or concentrate surface water onto an adjacent property.
(6) 
Dust control. During grading operations, necessary measures for dust control to prevent particulate matter from becoming airborne shall be followed. These measures shall include, but not be limited to, the following:
(a) 
A tire cleaning area shall be provided at each point of egress from the development areas;
(b) 
Use, where possible, of water or other method approved by the Township Engineer for control of dust during any land disturbance activity; and
(c) 
Prompt removal of earth or other material from paved streets.
(7) 
Equipment not to cross streams. Grading equipment shall not be allowed to cross permanent or intermittent streams without first obtaining appropriate permits from the PADEP.
(8) 
No danger to adjoining properties. No applicant shall engage in land disturbance activities that endanger any adjoining property, public street, sidewalk, alley or other property from settling, cracking or other damage which might result from such land disturbance. If in the opinion of the Township Engineer the land disturbance would create a hazard to life or property unless adequately safeguarded, the applicant shall construct walls, fences, guardrails, or other structures to safeguard the adjoining property, public street, sidewalk, alley, or other property and persons.
(9) 
No encroachment on watercourses. Excavations or fills shall not encroach on natural watercourses, floodplain areas, constructed channels, or wetlands without the necessary state and federal permits. Excavations or fills located adjacent to natural watercourses or constructed channels shall have suitable protection against erosion.
(10) 
Compaction of fill. All fill shall be compacted to provide stability of material and to prevent undesirable settlements. The fill shall be spread in a series of layers, not exceeding 12 inches in thickness, and be compacted by a sheepsfoot roller or other approved method after each layer is spread. The Township Engineer may require compaction tests and reports.
(11) 
Protection of erosion of cuts. Adequate provisions shall be made to prevent surface waters from damaging the cut face of an excavation or the sloping surface or a fill within the area of a proposed subdivision or land development. Slopes of more than 10 feet in vertical height shall be separated by level berms of at least four feet in width, within which ditches shall be constructed where necessary to prevent erosion and as a safe place to deposit and receive such water. The Township Engineer may require such drainage structures or pipes to be constructed or installed which are perceived necessary to prevent erosion damage and to satisfactorily carry off surface waters.
(12) 
Good conditions to be maintained. When excavation or fill is proposed, all retaining walls, cribbing, drainage structures, fences or other protective devices shall be maintained in good condition and repair.
E. 
Grading for drainage.
(1) 
All lots, tracts or parcels shall be graded to provide property drainage away from buildings, and to dispose of water without ponding. All land within a development shall be graded to drain and dispose of surface water without ponding, except where ponding, as in the case of detention basins, is part of the stormwater management system for the proposed subdivision or land development.
(2) 
All drainage provisions shall be of such design to adequately handle the surface runoff and carry it to the nearest suitable outlet. Where drainage swales are used to direct surface waters away from buildings, they shall be sodded or planted as required.
F. 
Vegetative cover.
(1) 
Removal of trees, tree clusters and associated vegetation layers as a result of earth movement shall be kept to the absolute minimum. Wherever possible, existing vegetation shall be retained and protected.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Appropriate measures shall be taken to protect existing trees, tree clusters and associated vegetation.
(3) 
Removal of any portion of existing vegetation shall be done in such a manner as to minimize erosion and sedimentation.
G. 
Responsibility.
(1) 
Applicant shall remove sedimentation from adjacent parcels. Whenever sedimentation is caused by the removal of vegetation, regrading or other development, it shall be the responsibility of the applicant or applicant's agent causing such sedimentation to remove it from all adjoining parcels or areas, drainage systems and watercourses and to repair any damage at his or her expense within a time period acceptable to the Township.
(2) 
Permits shall be required. No applicant shall block, impede the flow of, alter, construct any structure, or deposit any material, or commit any act which will affect normal flood flow in any stream of watercourse without having obtained prior approval from the PADEP, and the Township. All such activity shall be in compliance with applicable provisions of Chapter 240, Zoning.
(3) 
Easements shall be provided. Where a subdivision or land development is traversed by a watercourse, a drainage easement or right-of-way shall be established along the line of such watercourse and of adequate width to preserve the natural drainage.
(4) 
Applicant's responsibility to install improvements. All required drainage and erosion control improvements, whether temporary or permanent, shall be installed by the applicant or applicant's agent at their expense and in accordance with applicable requirements.
H. 
Compliance with regulations and procedures.
(1) 
Approvals conditioned upon soil erosion and sediment control measures. The Township, in considering preliminary subdivision and land development plans, shall condition its approval upon the execution of soil erosion and sediment control measures as required by this chapter.
(2) 
Submission of a modified soil erosion and sediment control plan. Each application shall contain a commitment to submit for approval a modified soil erosion and sediment control plan should the proposed plan prove to be inadequate prior to final release of escrow and dedication of improvements.
A. 
Relationship of the stormwater management plan to the soil erosion and sediment control plan.
(1) 
Stormwater management plan to be prepared prior to the soil erosion and sediment control plan. The stormwater management plan shall be developed for a site before soil erosion and sediment control measures are considered to ensure that the standards for control of discharge can be established for each point or line of interest.
(2) 
Maintaining the distribution and rates of stormwater discharge. In designing sediment control facilities, consideration should be given to maintaining the distribution and rates of discharge developed for the stormwater management plan at all times during the construction period. Where necessary to maintain this standard, sediment control facilities must be developed upstream of stormwater management facilities.
(3) 
Protection of subsurface stormwater management facilities from sedimentation. When preparing the sequences of construction, attention shall be given to protecting subsurface stormwater management facilities from sediments. Provisions for clearing sediments from surface stormwater management facilities upon completion of construction shall be included in the construction sequences.
B. 
Stormwater management plan content. The stormwater management plan shall consist of a narrative report describing the project and its compliance with the applicable sections of this chapter, and a map or maps describing the topography of the area, proposed alterations, and the location and description of permanent stormwater management measures and facilities. The following elements shall be included in the stormwater management plan.
(1) 
The narrative summary of the project shall include:
(a) 
General description of the project including:
[1] 
Description of how the proposed project complies with all requirements of federal, state, county and Township agencies with regard to stormwater management.
[2] 
Description of existing and proposed man-made features, including planned temporary and permanent stormwater management and soil erosion control measures on site.
[3] 
Plans and specifications of the stormwater management and soil erosion measures and facilities.
(b) 
General description of stormwater management, both during and after construction;
(c) 
Date project is to begin and expected date final stabilization will be completed;
(d) 
A suitable map of the total watershed (a USGS quadrangle map is sufficient);
(e) 
General description of on-site stormwater flows and their effect on neighboring properties;
(f) 
A table of contents for the stormwater management report (all pages shall be numbered);
(g) 
Seal and signature of the registered professional responsible for preparation of the plan and report.
(2) 
Design information. As part of the stormwater management plan and report, complete design calculations and analysis, as well as supplemental information, shall be submitted. The information shall show compliance with applicable federal, state, county and Township standards and regulations. The information shall include, but is not limited to the following:
(a) 
Analysis of the percentage of all predevelopment and post-development stormwater that is recharged to groundwater and all supporting material.
(b) 
A sketch of the berm embankment and outlet structure indicating the embankment top elevation, embankment side slopes, top width embankment emergency spillway elevation, perforated riser dimensions, pipe barrel dimensions, and dimensions and spacing of antiseep collars.
(c) 
Design computations for the pipe barrel and riser.
(d) 
A plot of the stage-storage (acre-feet vs. elevations) and all supporting computations.
(e) 
Flood routing computations for before, during and after development.
(f) 
A detailed plan of the trash rack and antivortex device.
(g) 
Design computations for energy-dissipater devices located at pipe outclass.
(h) 
Storm sewer and storm inlet design, capacity, efficient and other related calculations.
(i) 
Design computations for all swales, waterways, channels or diversions.
(3) 
Mapping information. Map or maps showing the locations of all stormwater management system components shall be submitted. Details must be shown to define each and every proposed component of the stormwater management design. Details shall show dimensions, locations, specifications and other information as required by the Township Engineer to facilitate proper construction. The mapping shall include, but is not limited to, the following:
(a) 
Location and description of the topographical features including streams, lakes, ponds, floodplains, swales or other existing watercourses located within 400 feet of the subject property, within the same watershed, that may be affected by runoff from the proposed subdivision or land development.
(b) 
Slopes shall be identified with contours of two-foot vertical intervals; provided, however, that in areas where slopes exceed a fifteen-percent grade, slopes may be shown with contours of five-foot vertical intervals.
(c) 
Location and description of rights-of-way or easements proposed to be created for drainage purposes and proposed ownership and maintenance responsibility for those rights-of-way.
C. 
Maintenance responsibilities.
(1) 
General responsibilities.
(a) 
The owner of stormwater management facilities shall be responsible for their property maintenance during and after development. A maintenance plan shall be prepared for review and approval by the Township Engineer. Where appropriate, maintenance responsibilities must be included as deed restrictions on individual lots. During all subsequent real estate transactions, maintenance responsibilities shall be pointed out to new owners. All deeds shall incorporate these specified maintenance responsibilities, making explicit individual owners responsible for stormwater management measures and for the common property.
(b) 
Upon or before completion of subdivision or land development improvements, the permanent stormwater management system for a tract shall be fully installed and functional in accordance with the approved stormwater management plan. Temporary sediment trapping facilities in detention basins, upon inspection and approval by the Township Engineer, shall be converted into permanent stormwater management basins; additional facilities designed to serve more than an individual lot shall begin operation. All such work shall be specified in the approved plan.
(2) 
Homeowners' association ownership (other than on-lot stormwater facilities). A single entity taking the form of a private corporation, partnership firm, estate or other legal entity empowered to own real estate exclusive of individual lot owners (i.e., homeowners' association) shall be set up to manage stormwater management facilities. The entity shall be suitable for such management and shall be able to perform other functions defined in this chapter. Responsibilities for ownership and management of facilities shall be defined in the stormwater management plan.
(3) 
Individual lot stormwater facilities. Stormwater management facilities and systems that are located on an individual lot are the responsibility of that landowner to maintain. As with nonindividual lot situations, a stormwater management plan must be prepared, including a maintenance plan which shall include:
(a) 
Any obligations concerning perpetuation of natural drainage or infiltration facilities, and/or the maintenance of facilities constructed by the individual lot owner under terms of the building permit (e.g., berms, cisterns, downspout connections, seepage pits, etc.).
(b) 
Assurances that no action will be taken by the occupant to disrupt or in any way impair the effectiveness of any stormwater management system.
(c) 
A description of the facilities and systems on the lot, as called for above, setting forth in deed restrictions binding on the landowner's successors in interest.
(4) 
Municipal ownership. Where the Township has accepted an offer of dedication of the permanent stormwater management facilities, the Township shall be responsible for maintenance. Municipal ownership notwithstanding, the applicant is required to prepare a stormwater management plan, including a maintenance plan component, as defined above. Upon approval of the stormwater management facilities by the Township, the applicant shall provide for maintenance guarantees as follows:
(a) 
Long-term maintenance bond. The long-term maintenance bond shall be in any amount equal to the present worth of maintenance of the facilities for a ten-year period. The estimated annual maintenance cost for the facilities shall be based on a reasonable fee schedule provided by the Township Engineer and adopted by the Board of Supervisors.
(b) 
Documentation. The terms of the maintenance guarantees shall be documented as part of the stormwater management plan and the maintenance plan.
(5) 
Failure to perform. Failure of any person, individual lot owner or private entity to properly maintain any stormwater management facility shall be construed to be a violation of this chapter and is declared to be a public nuisance.
D. 
Soil erosion and sediment control plan contents. A soil erosion and sediment control plan shall accompany the preliminary and final plan. It shall be prepared by a professional engineer experienced in stormwater management and soil erosion control, and in accordance with federal, state, county and Township requirements and regulations.
(1) 
Contents. The soil erosion and sediment control plan shall contain, at a minimum, the following information:
(a) 
A description of proposed earth moving, grading, temporary erosion and sedimentation control facilities, and the relationship to permanent stormwater management facilities.
(b) 
Proposed alterations to the project area including changes to the surface and vegetative cover, areas of cut and fill, structures, roads, paved areas and buildings.
(c) 
A description of the staging of earth-moving activities, including the staging of cover removal and all cuts and fill, and installation of erosion and sediment control facilities and practices.
(d) 
Installation of improvements, including streets, storm sewers, underground utilities, sewer and water lines, buildings, driveways, parking areas, recreational facilities and other structures shall be described.
(e) 
The program of operations to convert erosion and sedimentation controls to permanent stormwater management facilities, along with a schedule of the relative time sequence of activities.
(2) 
Description of earthmoving. A narrative description and a map illustrating temporary control measures and facilities to be used during earthmoving. The description shall include the following information:
(a) 
The type, location and dimensions of each measure and/or facility to be used, along with its purpose;
(b) 
Design considerations and calculations of control measures and facilities;
(c) 
The facilities or measures to be used to protect trees and existing vegetation;
(d) 
Facilities or measures to prevent tracking of mud by construction vehicles.
(3) 
Description of maintenance procedures. A narrative description of the maintenance procedures for temporary control facilities and the ownership arrangements including the methods and frequency of removal and ultimate disposal site for sediments and other material removed from control facilities both during and upon completion of the project.
(4) 
Proof of required permits. The applicant or applicant's agent shall produce proof of the acquisition of all required permits or certificates for soil erosion and sedimentation controls including, but not limited to, permits required by:
Pennsylvania Department of Environmental Protection (PADEP)
Pennsylvania Department of Transportation
Chester County Conservation District
Utility companies
Public Utility Commission
(5) 
Availability of plan. The soil erosion and sediment control plan shall be available at all times on the construction site. The applicant or applicant's agent shall be responsible for correcting any stormwater runoff problems that arises from the subdivision or land development, even if final approval has been granted. The Township reserves the right to order a cease and desist of all construction where runoff problems arise.
A. 
Adequate and potable water supply systems required. Adequate and potable water supply system(s) shall be installed consistent with design principles and requirements contained in this chapter and Township standards, which are the U.S. Public Health criteria for drinking water, as administered by the Environmental Protection Agency's Safe Drinking Water Act.
B. 
Public water to be used, when available. Where public water is available, the applicant or applicant's agent shall make use of such public water service to supply each lot in the subdivision or the land development.
C. 
When no public water is available. Where no public water supply is available, the applicant or applicant's agent, upon approval of the Township, may be permitted to construct a well on each lot exclusively to serve that lot or a shared well or wells to exclusively serve that development. The Township may require that a well withdrawal impact study be prepared verifying the availability of a sufficient potable water supply. All wells shall be constructed according to all applicable rules and regulations of the PADEP, the Chester County Health Department, and the Township. The Township may also impose additional requirements to accommodate or mitigate the impacts of the proposed development.
D. 
Proof of adequacy of water supply required. The applicant or applicant's agent shall submit proof of the quality and adequacy of the water supply proposed to be utilized by the subdivision or land development and approval by the Chester County Health Department of the type and construction methods to be employed in the installation of the individual water supply systems. In cases where review by the Delaware River Basin Commission is required, proof of this review shall be submitted as well.
E. 
All wells shall be shown. The proposed location of the wells shall be shown on the preliminary plan for each lot. All existing wells shall also be shown.
(1) 
The circular area with a radius conforming to the rules and regulations of the PADEP, the Chester County Health Department and the Township, shall be shown around each well to denote an area in which an on-site sewage disposal system shall not be located.
(2) 
Where public water is provided, depiction of the circular areas is not necessary except where existing wells on parcels adjacent to the subdivision may be affected by proposed on-site sewage disposal facilities. In any case, the usable area for on-site sewage disposal systems would still be limited by a clear zone surrounding the water service line to each house, as required by the PADEP, the Chester County Health Department and the Township.
F. 
Fire hydrants required when public water systems are used. Where public or a community water system is provided, fire hydrants or acceptable alternatives shall be installed for fire protection, as approved by the Township Fire Marshal and Township Engineer. Where fire hydrants are installed, they shall meet the specifications of the Insurance Services Offices of Pennsylvania. Location and number of the hydrants shall be approved by the Township Fire Marshal.
(1) 
Fire hydrants, in general, will be located on an eight-inch line or looped six-inch line. Where a dead-end line is required to contain a fire hydrant, the portion of the line between the main loop and the hydrant shall be an eight-inch minimum diameter.
(2) 
Fire hydrants shall be spaced in a development so that all proposed building(s) shall be no more than 600 unobstructed feet from the hydrant measured along traveled ways to be used by fire apparatus.
(3) 
All public or community water systems must provide a minimum of 500 gallons per minute at a residual pressure of 20 psi for a two-hour period.
(4) 
To provide additional protection, the Fire Marshal may require the incorporation of a dry hydrant into existing and proposed ponds or reservoirs and an access easement be provided for emergency use.
G. 
Alternate sources of groundwater. Two sources of groundwater are recommended for each public or community water system due to the unusual density and demand served by such systems. Each should be capable of supplying the average daily demand of the proposed dwelling units. A two-well system is preferred; however, the following alternatives, which would ensure an adequate water supply, may be acceptable:
(1) 
A single well, capable of providing twice the daily average demand, as demonstrated by a pumping test of at least 48 hours' duration, producing a stabilized drawdown of unchanging water level for at least five hours' duration.
(2) 
A single well capable of supplying the average daily demand and an additional reliable surface water source.
(3) 
A single well capable of supplying the average daily demand, plus a dependable connection to another satisfactory public water supply system.
(4) 
A second well is recommended for use as a monitor of the aquifer and as a standby in the event of emergency.
H. 
Public community well certification and permitting. Where water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or land development, the applicant or applicant's agent shall present evidence to the Township prior to final plan approval, that the subdivision or land development is to be supplied by a certified public utility, a bona fide cooperative association of homeowners, or by a municipal corporation, authority or utility. Written approval as required by § 185-78H(1) below for capacity and construction methods and details shall be provided prior to final plan approval. A copy of certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
(1) 
The design, installation, and construction of any such system shall be in accordance with the standards of the applicable authority or utility company and shall be subject to the approval of the PADEP, the Chester County Health Department and the Township. Construction details for all facilities shall be shown on the final plan. Such system shall be further subject to satisfactory provision for the maintenance thereof.
(2) 
Where a permit is required by the PADEP, it shall be presented as evidence of such review and approval in the case of private or public systems before construction commences.
A. 
General.
(1) 
Each lot shall have a permitted sewage disposal facility in accordance with the PADEP rules and regulations.
(2) 
Documented approval of the Sewage Facilities Planning Module for Land Development by the PADEP shall be required prior to final plan approval.
(3) 
The proposed sewage disposal facilities shall be in accordance with the Township's Act 537 Sewage Facilities Plan.
(4) 
The sewage facilities selected to serve a proposed use shall be determined based on the outcome of the wastewater treatment and disposal feasibility report, as required by this chapter.
(5) 
Sewage facilities shall be designed and constructed in strict accordance with PADEP, Chester County Health Department, applicable municipal authority, and Township requirements and specifications. A copy of the approval of such systems and all required permits shall be submitted prior to final plan approval.
(6) 
Sanitary sewers shall not be used to carry stormwater nor shall floor drains be connected to the sanitary sewer.
(7) 
Prior to the issuance of any permit for construction in any subdivision or land development, temporary toilet facilities shall be installed for the builders, contractors and subcontractors, unless the applicant or applicant's agent shows, to the satisfaction of the Township Supervisors, that other suitable toilet facilities will be made available during construction.
B. 
Public sewage system.
(1) 
Connection to public systems required. Each property shall connect with the public sanitary sewer system according to state regulation, and if the extension of collection lines to serve the proposed use is consistent with the Township's Sewage Facilities Plan. Proposed sewer collection facilities and proposed extensions to existing facilities shall be subject to review and approval by the Municipal Authority. All proposed sewer lines shall extent to the far property line of the development.
(a) 
A signed sewer connection agreement, containing terms and conditions for connection to the Municipal Authority system, shall be required. A satisfactory escrow agreement will also be required prior to granting final approval.
(b) 
Authorization for capacity and approval of the construction design and details shall be obtained in writing from the Municipal Authority before the final plan is approved by the Township.
(c) 
Construction details shall be shown on the final plan.
(2) 
Provisions for future connection to public facilities. Where the public sewer system is not yet accessible but is planned for extension to the subdivision or land development, the applicant or applicant's agent shall install sewer lines, including lateral connections, as may be necessary to provide adequate service to each lot when connection with the public sewer system is made in accordance with the following:
(a) 
The sewer lines shall be suitably capped at the limits of the subdivision or land development, and the laterals shall be capped at the street right-of-way. When capped sewers are provided, individual or community sewage disposal facilities shall be provided in the interim.
(b) 
Where studies by the Township and/or Municipal Authority indicate that construction or extension of sanitary trunk systems to serve the property being subdivided appear probable within a reasonably short time (10 years or less), the Township shall require the installation and capping of sanitary sewer mains and house connections, in addition to the installation of temporary individual sewage systems. The Township and Municipal Authority shall review and approve the design and installation of such sewers.
(c) 
Design of capped sewer systems and the interim sewage facilities shall be subject to approval by the PADEP, the Chester County Health Department, the Municipal Authority and the Township.
(3) 
When no public system is available. All lots which cannot be connected to a public sewage system in operation at the time of construction shall be provided with a community or individual sewage system meeting the design standards set forth by the PADEP, the Chester County Health Department and the Township.
C. 
Community sewage system.
(1) 
Governmental reviews and approvals required. The planning, design and construction of any community sewage system shall be subject to the review and approval of the PADEP, Chester County Health Department, and the Township.
(2) 
Subsurface testing. Where surface or subsurface disposal of wastewater effluent is proposed, preliminary hydrogeologic and permeability testing shall be required as part of the planning module submission.
(3) 
Sewage management program required. A sewage management program shall be prepared by the applicant or applicant's agent indicating the ownership, operation and maintenance responsibilities for the proposed system in accordance with Title 25 of the Pennsylvania Code. This program shall be subject to Township approval.
(4) 
Preservation of the life of community sewage systems. Each community sewage system shall, at a minimum, provide sand infiltration to extend the life of the disposal area and reserve area in the event the disposal area should fail. The reserve area shall be located within soils suitable to support such a system. Both the primary and reserve area shall be tested, preserved from construction damage, and locations noted on the final plan.
D. 
Individual sewage system.
(1) 
Primary and alternate sewage disposal areas shall be identified. Where lots are to be served by individual on-site sewage facilities, a primary area and alternate area for the sewage disposal shall be identified on the preliminary plan, or final plan in the case of a minor subdivision. No construction or paving shall be permitted on the primary or the alternate on-site sewage disposal areas, and the final subdivision or land development plan shall note this restriction.
(2) 
Design and location of drainage facilities. Where individual on-lot sewage systems are to be used, each lot so served shall be the necessary size and shape to accommodate the required dimensions of the disposal area at a safe distance from, and at a lower elevation than, the proposed well and buildings in order to facilitate gravity flow where practical in accordance with State and Township regulations. Individual sewage systems shall be located upon the same parcel as the use that is served, unless the use of an off-site system is specifically approved by the Township.
(3) 
Location of drainage facilities to be shown. The surveyed location of the individual sewage system, back-up area, and well shall be shown prior to final plan approval.
(4) 
Disposal systems to be installed prior to sale of lots. Unless served by a public or community sewer system, the applicant or applicant's agent shall install or shall require by deed restriction the installation of an approved system prior to the sale of each lot or parcel within the subdivision.
(5) 
Location of disposal facilities in Option 5 residential developments. The individual sewage disposal systems serving the lots of an Option 5 subdivision or land development designed in accordance with Chapter 240, Zoning, may, upon approval of the Township Engineer, be located in the common open space. The applicant or applicant's agent shall be responsible for securing and recording all maintenance and access easements necessitated as a result of selecting this design alternative.
E. 
Soil percolation test requirements.
(1) 
Soil percolation tests required. Unless served by a public or community sewer system, soil percolation tests shall be performed for all subdivision or land developments.
(2) 
Soil percolation test procedures. Soil percolation tests shall be made in accordance with the procedure required by the PADEP and the Chester County Health Department by either a licensed professional engineer, a Pennsylvania Sewage Facilities Act sewage enforcement officer, or similarly qualified professional.
(3) 
Soil percolation test locations. Soil percolation tests shall be performed within the site of the proposed on-site sewage facilities. Soil test pits shall be within 10 feet of the absorption area.
(4) 
Soil percolation test analysis. The results of the soil percolation tests shall be analyzed in relation to the physical characteristics of the tract and the general areas surrounding the tract being subdivided. The final plan lot layout shall be based on this analysis.
A. 
Purpose. The purposes of this section are to:
(1) 
Provide lighting in outdoor public places where public health, safety and welfare are potential concerns.
(2) 
Protect drivers and pedestrian from the glare of nonvehicular light sources that shine into their eyes and thereby impair safe traverse.
(3) 
Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources.
B. 
Applicability.
(1) 
Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse, including, but not limited to, the following: multifamily residential, other residential developments with lot sizes of 22,000 square feet or smaller, as well as commercial, industrial, public-recreational, and institutional uses.
(2) 
The Board of Supervisors may require lighting be incorporated for other uses or locations, as it deems necessary.
(3) 
The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as, but not limited to, sign, architectural, landscaping, and residential lighting.
C. 
Criteria.
(1) 
Illumination levels.
(a) 
Lighting, where required by this chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook.
(b) 
Future amendments to recommended practices shall become a part of this chapter without further action of the Township.
(c) 
Examples of intensities for typical outdoor applications, as extracted from the 8th Edition of the Lighting Handbook, are presented below.
Table 11 - Typical Outdoor Lighting Intensities
Use/Task
Maintained Footcandles
Uniformity Average-Minimum
Streets
Local residential
0.4 Avg.
6:1
Local commercial
0.9 Avg.
Parking, residential, multifamily
Low vehicular/pedestrian activity
0.2 Min.
Medium vehicular/pedestrian activity
0.6 Min.
Parking, industrial/commercial/institutional/municipal
4:1
High activity, e.g., regional shopping centers/fast food facilities, major athletic/civic/cultural/recreational events
0.9 Min.
Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events
0.6 Min.
Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking
0.2 Min.
Walkways and bikeways
0.5 Avg.
5:1
Building entrances
5.0 Avg.
NOTES:
Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.
Uniformity ratios dictate that average illumination values shall not exceed minimum values by more than the product of the minimum value and the specified ratio; e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 [0.9 x 4].
(2) 
Lighting fixture design.
(a) 
Fixtures shall be of a type and design appropriate to the lighting application and aesthetically acceptable to the Board of Supervisors.
(b) 
For lighting horizontal tasks, such as roadways, pathways and parking areas, fixtures shall meet IESNA full cutoff criteria (not have more than 2.5% of their light output emitted above 90° at any lateral angle around the fixture).
(c) 
The use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and other fixtures not meeting IESNA full cutoff criteria shall be permitted only with the approval of the Board of Supervisors, based upon acceptable glare control.
(d) 
Fixtures shall be equipped with or be capable of being backfitted with light-directing devices, such as shields, visors or hoods when necessary to redirect offending light distribution.
(3) 
Control of nuisance and disabling glare.
(a) 
All outdoor lighting, whether or not required by this chapter, on private, residential, commercial, industrial, municipal, recreational or institutional property, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse, i.e., disabling glare, and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property, i.e., nuisance glare.
(b) 
Floodlights and spotlights shall be so installed or aimed that they do not project their output into the windows of neighboring residences, adjacent uses, directly skyward or onto a roadway.
(c) 
Unless otherwise permitted by the Board of Supervisors, e.g., for safety or security, lighting shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit extinguishing offending sources between 11:00 p.m. and dawn to mitigate nuisance glare and sky-lighting consequences.
(d) 
Where all-night safety or security lighting is to be provided, the lighting intensity levels shall not exceed 25% of the levels normally permitted by this chapter for the use.
(e) 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
(f) 
The intensity of illumination projected onto a residential use from another property shall not exceed 0.1 vertical footcandle, measured at 30 inches above the ground at the property line.
(g) 
Externally illuminated billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward. Such fixtures shall be automatically extinguished between the hours of 11:00 p.m. and dawn.
(h) 
Fixtures meeting IESNA full cutoff criteria shall not be mounted in excess of 20 feet above grade. Fixtures not meeting IESNA full cutoff criteria shall not be mounted in excess of 16 feet above grade except as specifically approved by the Board of Supervisors.
(i) 
Fixtures used for architectural lighting, e.g., facade, fountain, feature and landscape lighting, shall be aimed so as not to project their output beyond the objects intended to be illuminated and shall be extinguished between the hours of 11:00 p.m. and dawn.
(4) 
Installation.
(a) 
Electrical feeds for lighting standards shall be run underground, not overhead.
(b) 
Lighting standards in parking areas shall be placed a minimum of five feet outside paved area, or on concrete foundations at least 30 inches high above the pavement, or suitably protected by other approved means.
(5) 
Maintenance. Lighting fixtures and ancillary equipment shall be maintained to always meet the requirements of this chapter.
D. 
Residential development fixture placement. Streetlighting fixtures in residential developments shall be placed at the following locations:
(1) 
At the intersection of public roads with entrance roads to the proposed development.
(2) 
Intersections involving proposed public or nonpublic primary distributor streets within the proposed development.
(3) 
At the apex of the curve of any primary distributor street, public or nonpublic, within the proposed development, having less than 300-foot minimum center-line radius.
(4) 
Cul-de-sac bulb radii.
(5) 
Terminal ends of center median islands having concrete-structure curbing, trees and/or other fixed objects not having breakaway design for speeds of 25 miles per hour or greater.
E. 
Plan submission.
(1) 
Lighting plan contents. Lighting plans shall be submitted to the Township for review and approval and shall include:
(a) 
Layout of the proposed fixture locations.
(b) 
Iso-footcandle plots for individual fixture installations and 10 feet by 10 feet illuminance-grid plots for multifixture installations, which demonstrate compliance with the intensities and uniformities set forth in this chapter.
(c) 
Description of the equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, control devices, mounting heights and mounting methods proposed.
(2) 
Visual impact plan. When requested by the Board of Supervisors, the applicant shall submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare.
(3) 
Alterations after approval. Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval.
F. 
Post-installation inspection. The Township reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this chapter and, if appropriate, to require remedial action at no expense to the Township.
G. 
Compliance monitoring.
(1) 
Safety hazards.
(a) 
If Township judges a lighting installation to create a safety or personal-security hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.
(b) 
If appropriate corrective action has not been effected within 30 days of notification, the Township may levy a fine for as long as the hazard continues to exist.
(2) 
Nuisance glare and inadequate illumination levels.
(a) 
When the Township judges an installation as producing unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this chapter, the Township may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.
(b) 
If the infraction so warrants, the Township may act to have the problem corrected as in § 185-80G(1)(b) above.
H. 
Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter shall be considered as a lawful nonconformance subject to the following limitations:
(1) 
A nonconforming lighting fixture or lighting installation shall be made to conform with the requirements of this chapter when:
(a) 
The nonconformance is deemed to create a safety hazard.
(b) 
It is replaced or relocated.
(2) 
Nonconforming lighting fixtures and lighting installations shall be made to conform with the requirements of this chapter or removed within 10 years after the effective date of this chapter.
I. 
Streetlighting dedication.
(1) 
When lights are to be dedicated to the Township. When streetlighting is to be dedicated to the Township, the applicant shall be responsible for all costs involved in the lighting of streets and street intersections until the street is accepted for dedication.
(2) 
Payment of costs prior to dedication. Prior to dedication and in the event of the formation of a homeowners' association and/or property management declaration, the Township shall require said agency to enter into an agreement guaranteeing payment of all costs associated with dedicated streetlighting.
(3) 
Assumption of costs of streetlighting dedicated to the Township.
(a) 
Upon dedication of public streets, the Township shall assess the homeowners' association, individual property owners, or corporations as may be necessary to collect all revenues required that are directly or indirectly associated with all costs of each specific streetlighting fixture. These costs shall include:
[1] 
Administration;
[2] 
Collection;
[3] 
Proration of nonpayables;
[4] 
Actual utility electrical charges;
[5] 
Maintenance and maintenance contracts for fixtures and associated equipment.