The design standards established in this chapter are intended
to be fundamental requirements to be applied with professional skill
in the subdividing and planning of land so as to produce attractive
and harmonious neighborhoods, convenient and safe streets, and economical
layouts of residential and other land development. The design standards
are further intended to encourage and promote flexibility and ingenuity
in the layout and design of subdivisions and land developments, in
accordance with modern and evolving principles of site planning and
development.
The following principles, standards, and requirements will be
applied by the Board of Supervisors and Planning Commission in their
review and evaluation of all subdivision and land development plan
applications:
A. The standards and requirements contained herein shall be
considered the minimum for the promotion of the public health, safety,
convenience, and general welfare.
B. Where literal compliance with the standards and requirements
contained herein is clearly impractical, the Board of Supervisors
may modify or waive such standards through the modification of requirements
process set forth in this chapter.
C. Subdivision and land development plans shall be given due
consideration to "Official Plans" of the Township, Dauphin County
region, or to such parts thereof as may be adopted pursuant to statute.
The Township Greenway Plan shall also be considered in the design
and dedication of open space and recreation areas.
D. Proposed land uses shall conform to the Lower Paxton Township
Zoning Ordinance, as amended.
E. Land subject to hazards to life, health, or property, such
as may arise from fire, flood, disease, or other causes, shall not
be planned for development purposes unless such hazards have been
eliminated or unless the plan shall show adequate safeguards against
them, which shall be approved by the Township and/or appropriate regulatory
agencies.
F. Whenever a subdivision or land development plat or plan
is submitted which sets forth new streets or other ways of ingress
and egress other than a single cul-de-sac street, two separate points
of ingress to and egress from the land affected, or any significant
portion thereof, must be designated thereon. Such points of ingress
and egress must be designed and built to conform to the design and
construction requirements of Lower Paxton Township for public streets.
An applicant may request a modification of this requirement and shall
in support thereof, present evidence that due to topography, site
distance, wetlands, environmental constraints, configuration of land,
distance between intersections or other unique factors not created
by the applicant, it is impractical to have a second way of ingress
and egress. Upon due consideration of these factors, the Board of
Supervisors, at their sole discretion, may grant the request for said
modification.
Easements shall be provided for storm drainage facilities, stormwater
management areas, best management practice (BMP) areas, sanitary sewer
facilities, natural features areas, accessways, overhead or underground
public or private utility facilities, and other special purpose easements
in consultation with the Township Engineer, the Lower Paxton Township
Authority, and the various utility companies. All easements must connect
to a public street in order to provide access to said easement area.
A. The minimum width of such drainage easements shall be 20
feet and shall be centered over the drainage or storm sewer facilities.
Additional width may be required by the Township depending on the
location, purpose, depth of facilities and use of the easement. Easement
areas shall be graded to allow for traversable and unobstructed access
by maintenance vehicles and equipment.
B. Easements for stormwater management facilities, BMP areas
and similar structures shall encompass the formal facility to a point
10 feet beyond the high water elevation, toe of slope, or other logical
line of demarcation to allow proper operation and maintenance of the
facility.
C. Sanitary sewer easements shall have a minimum width of
30 feet unless otherwise approved by the Lower Paxton Township Authority.
D. Easements for the preservation of natural features areas
as required herein shall be of a sufficient size to encompass the
areas to provide for the long-term protection of said natural features.
This requirement shall also include features which are dedicated or
designed in conjunction with the Greenway Plan.
E. Access easements shall have a minimum width of 20 feet
and shall be designed to accommodate the ingress, egress, and regress
for the intended purpose.
F. Utility easements shall be provided as prescribed by the
individual utility company depending upon the purpose and use of the
easement. Where an existing utility easement exists within a subdivision
or land development and construction activity is proposed within said
easement, the applicant shall obtain written approval from the utility
owner authorizing the construction activity as proposed.
G. Wherever possible such utility and drainage easements shall
be centered on the side or rear lot lines of properties.
H. No buildings or other structures, fences, landscaping,
walls or obstructions shall be permitted within easement areas. Additionally,
no change of grade beyond that approved by the Township shall occur
within the easement area.
I. Where a subdivision and/or land development is traversed
by a water course, drainageway, channel or stream, there shall be
provided a drainage easement, to a width to be approved by the Township
Engineer, conforming substantially with the line of such water course,
for the purpose of maintaining the unimpeded natural flow, widening,
deepening, relocating, improving or protecting such drainage facilities
or for the purpose of installing drainage facilities. Under no circumstances
shall the easement be less than 25 feet in width and shall extend
outward a minimum of 10 feet from the top of each bank.
J. All easements shall be graphically depicted on the subdivision
or land development plans and shall clearly indicate the location,
width, purpose and beneficiary of the proposed easement. Easements
that will be conveyed to the Township shall be provided with metes
and bounds descriptions tied to the property lines of the property
which is encumbered by said easement.
K. Where drainage easements are depicted on private property
for the benefit of Lower Paxton Township, it shall be construed to
mean that said easement is for access to and maintenance of said facility
only in the event that the landowner fails to maintain said easement
and the operation of the facility contained within said easement area
is malfunctioning, is adversely effecting adjacent or downstream properties
or is crucial for the overall public safety and welfare of the residents
of the Township. The Township will not own or maintain stormwater
or other facilities unless otherwise specifically governed by operation
of an agreement.
All subdivisions and land developments shall be provided with
adequate water supply facilities as part of the subdivision or land
development plan approval process.
A. On-lot water supply. Where there is no readily available public water supply system or the applicant is not required to extend an existing public water supply system to the subject site based upon the criteria outlined in §
180-512B(1) below, each lot in the development must be provided with an adequate individual on-lot water supply system in accordance with minimum standards approved by the Pennsylvania Department of Environmental Protection (DEP). The Board of Supervisors shall approve the use of individual on-lot water supply systems (wells) when the following criterion has been satisfied:
(1)
Information submitted by the applicant indicates
that justification of the project necessitates the use of this type
of water supply system.
(2)
The hydrogeologic analysis and water quality testing as required in Article
VII of this chapter, as applicable, demonstrates that an adequate supply of potable groundwater can be provided to meet the expected demands for the type of development proposed.
(3)
The installation of such on-lot systems will not
endanger or significantly decrease or adversely affect the groundwater
supplies to adjacent properties.
(4)
That any permit or approval required from any
regulatory agency or other governmental body having jurisdiction for
withdrawing groundwater has been issued for the proposed use.
B. Public water supply.
(1)
Where there is an existing public water supply system located within the distances outlined below from the boundary of the subdivision or land development, a complete water supply system connected to the existing public water supply system shall be provided. Fire hydrants must also be installed in accordance with the requirements of §
180-513.
(a)
For purposes of this section, the term "equivalent
residential consumption" (hereinafter "ERC") shall mean the amount
of water typically used by a residential unit during a one-day period.
Each ERC shall constitute up to 160 gallons of water use per day.
Each residential or nonresidential use shall have a minimum of one
ERC.
(b)
Depending on the number of ERCs, residential and
nonresidential development shall be required to connect to an existing
public water supply system, if the system is available within the
following distances:
Number of ERCs
|
Distance
(feet)
|
---|
1
|
200
|
2
|
400
|
3
|
600
|
4
|
800
|
5
|
1,000
|
6 or more
|
1,000 plus 50 additional feet for each ERC over 5
|
The above-referenced distances shall be measured from the nearest
existing public water supply system along a state, Township, or public
water utility right-of-way to which the parcel has access, to the
nearest point of the boundary of the subdivision or land development.
|
(2)
Where plans approved by a public water supplier
provide for the installation of such public water supply facilities
within one year, the applicant shall provide a complete water supply
system ready to be connected to the proposed water main supply system
in accordance with the requirements of the public utility.
(3)
Where connection to a public water supply is required,
the plan for the installation of such water supply system must be
prepared for the development with cooperation of the appropriate water
utility company and approved by the Township Engineer. The entire
water system proposed must be depicted on the preliminary and final
plan prior to approval. The layout must indicate the approximate size
and location of all water mains, hydrants, service laterals, meter
pits, storage tanks, booster pump stations, and other appurtenances.
The applicant shall be responsible for obtaining all permits and approvals
associated with the design and construction of the water main extension.
(4)
The design of the water system shall follow the
current edition of the Ten States Standards regarding the horizontal
and vertical separation of water lines and sanitary sewer lines. Water
mains shall generally be located within the street cartway five feet
from the curbline.
C. Private centralized community water supply.
(1)
Where the applicant is not required to extend an existing public water supply system to the subject site based upon the requirements of §
180-512B(1) above and where the applicant proposes to utilize a private centralized community water supply for the subdivision or land development, the design and installation of the system shall be subject to the approval of the Township and of the Pennsylvania Department of Environmental Protection (DEP), and such system shall be further subject to satisfactory provisions for its long term ownership, operation and maintenance. Standards and materials for the construction of any central community water supply system shall meet or exceed those requirements described in the Public Water Supply Manual of the Pennsylvania Department of Environmental Protection and shall be subject to the approval of the Township Engineer. The entire water system proposed must be depicted on the preliminary and final plan prior to approval. The layout must indicate the type, size and location of all water mains, hydrants, service laterals, meter pits, storage tanks, wells, treatment facilities, booster stations, and other appurtenances. The applicant shall be responsible for obtaining all permits and approvals associated with the design and construction of the water main extension. Where a permit is required by DEP for said system, it shall be presented as evidence of such review and approval prior to or as a condition of any plan approval.
(2)
Ownership and maintenance of a centralized community
water supply and distribution system shall be the responsibility of
an organization legally formed and operated for such purpose. The
organizational documents governing the ownership, maintenance and
operation of the system as a utility shall be provided to the Township
for review prior to any plan approval. If required, the applicant
shall file and obtain any approvals by the Pennsylvania Public Utility
Commission (PUC) associated with the operation of the water system.
(3)
Wherever a central community water supply system
is proposed for a development, a distribution system shall be designed
to furnish an adequate supply of water (domestic and fire protection)
to each lot based upon the intended use, with adequate water main
sizes and fire hydrant locations to meet the current specifications
of the Township and the International Fire Code (IFC) requirements.
(4)
The applicant shall be required to show proof
through a water supply feasibility analysis that the private centralized
community water system will have an adequate supply of potable water
for domestic or other proposed use and that each unit or building
will have an adequate supply for purposes of fire protection and that
such system meets the minimum standards controlling water storage
and production capabilities for domestic and fire use. A technical
study shall be submitted for Township, Township Engineer and Township
Fire Marshal review which shall include all information as described
in the Public Water Supply Manual of the Pennsylvania Department of
Environmental Protection (DEP) as well as other information as may
be required by the Township or DEP.
[Amended 4-17-2012 by Ord. No. 12-02]
A. Applicability and intent. All residential subdivision and/or
land development applications submitted to the Township under this
chapter shall provide for suitable and adequate recreation space in
order to:
(1)
Ensure recreation areas and facilities are adequate
to serve the residents of the Township.
(2)
Maintain consistency with the conclusions and
recommendations in the Township's Recreation and Park Plan, the
Township's Greenway Plan and consistency with the Township's
Comprehensive Plan regarding recreation.
(3)
Ensure that all residents have the opportunity
to engage in varied recreation activities which includes passive and
active forms of recreation.
(4)
Reduce the increasing user pressure on existing
recreation areas and facilities.
(5)
Reduce the possibility of overburdening the Township
with the development and maintenance of many small, randomly placed
recreation areas.
(6)
Ensure parks and open spaces are designed to conserve
sensitive natural features and are properly integrated into the community.
B. Land dedication versus fee in lieu. The Planning Commission
and the Parks and Recreation Board shall recommend to the Board of
Supervisors whether a land dedication or the payment of fees in lieu
thereof is recommended. This recommendation shall be made at the time
of the preliminary plan review or, in the case of no preliminary plan,
at the final plan review by the Planning Commission and the Parks
and Recreation Board; however, under no circumstances would a park
land dedication or fee in lieu payment be accepted to reduce the percentage
of open space otherwise required under provisions of the Township
Zoning Ordinance. The Planning Commission shall, at a minimum, consider
the following points in reaching their recommendation:
(1)
Whether the land proposed to be dedicated would
serve a valid public purpose and meet the design requirements of usable
recreation space.
(2)
Whether the land proposed to be dedicated meets
the standards of the adopted Lower Paxton Township Recreation and
Park Plan.
(3)
Recommendations received from the Parks and Recreation
Board.
C. Land dedication procedures and requirements. For all residential
subdivision and land development plans, the amount of land required
to be dedicated to the Township for public recreational purposes shall
be as follows:
(1)
Residential subdivision and/or land development
requirements. A minimum area of 1,024 square feet (0.0235 acres) per
dwelling unit shall be provided as part of a contiguous, usable area
that is contiguous to and may be combined with an existing municipal
park and recreational facility.
(2)
Time requirements. Land to be dedicated to the
Township must be dedicated for public use immediately after the recording
of the final plan phase upon which the dedicated parcel is located.
The proposed deed of dedication shall include a legal description
and plat of the area and shall be submitted with the final plan for
approval by the Township Solicitor. Title to land to be dedicated
shall be good and marketable and free and clear of all liens and encumbrances
or other defects as demonstrated by a current title report or a legal
opinion of title provided by the applicant.
(3)
As part of the plan submission process, the applicant
shall state what improvements, if any, that the applicant intends
to make to the land to make it suitable for intended purposes, such
as grading or landscaping. The land shall be stabilized and free of
construction debris at the time of dedication. The site shall not
contain above ground or open stormwater management facilities or be
comprised of land that otherwise would not be developed due to physical,
environmental or other developmental limitations.
D. Developer dedication of usable facilities. The Recreation
and Park Plan recommends, in part, that residential developers dedicate
land within a development in an amount equal to 0.0235 acre (1,024
square feet) per dwelling unit (single-family residential lot equivalent).
In practical application, the dedication of 1,024 square feet per
lot could have unintended and adverse consequences. Specifically,
it is not the intent of this plan for Lower Paxton Township to encourage
or accept the dedication of small, limited-use, difficult-to-maintain
tracts of land for parks and recreational facilities. To ensure that
Lower Paxton Township encourages and accepts the dedication of usable,
contiguous, and combined tracts of land for parks and recreational
facilities, the following conditions are required for all residential
subdivision and land development plans proposing land dedication.
(1)
If the proposed dedication of land that does not
abut an existing municipal park and recreational facility, the amount
of land required shall be in an amount equal to 0.047 acre (2,047
square feet) per dwelling unit (single-family residential lot equivalent).
(2)
The increased acreage requirement (0.0235 acre per dwelling unit to 0.047 acre per dwelling) provided for in Subsection
D(1) above does not apply to the fee-in-lieu of recreation dedication formula.
(3)
A minimum of two acres of land is required for
dedication of land for a freestanding park and recreational facility.
(4)
If the proposed dedication of land provides less
than two acres of land, and if said land does not abut an existing
municipal park and recreational facility, then the Township shall
require the payment of a fee-in-lieu of land dedication.
(5)
Nothing within this chapter shall prohibit a developer
from offering land for dedication as a park and recreational facility
that is larger in area than that required by these regulations.
E. Design requirements for lands to be dedicated. The following
criteria shall be considered in determining whether to approve the
proposed location of and improvements to recreation areas.
(1)
The site shall have a minimum of 150 feet of frontage
on a public street and be easily accessible from all areas of the
neighborhood/subdivision or land development.
(2)
The recreation area shall consist of one contiguous tract of land and of usable proportions in terms of tract width and depth. At least 75% of the tract shall have a slope of 6% or less, with soil conditions suitable for establishment of proper vegetative cover (see Township Zoning Ordinance §
203-310, Steep slopes).
(3)
The site shall not contain utility easements or
rights-of-way that would adversely affect the site, stormwater management
facilities, BMPs, wetlands, steep slopes (>15%), floodplain areas,
or be comprised of lands that otherwise could not be developed due
to physical, environmental or other limitations.
(4)
Whenever possible, the site shall be adjacent
to other existing recreational lands to create a comprehensive recreation
area.
(5)
The size and shape of the site should be suitable
for development as a particular type of recreation area as categorized
by the Township in its Recreation Plan.
(6)
Lands to be dedicated should be at least two acres
in area.
(7)
The site shall be located and designed to conveniently
access public utilities which may be extended by the applicant including
sanitary sewer, water and electric service to be utilized by the property.
If the land to be dedicated is proposed to have recreational facilities
constructed by the applicant, sufficient parking shall be constructed
by the applicant to support these facilities.
(8)
If the site has been disturbed or altered prior
to dedication, the applicant shall improve it as near as possible
to a condition acceptable to the Township including, but not limited
to, grading, topsoiling and seeding, and construction of buffering
acceptable to the Township. Slopes of a 3:1 ratio or higher shall
be seeded with ground cover vegetation.
(9)
If the subdivision site has been identified on
the Township Greenway Plan, or is otherwise appropriate for construction
of a greenway, the value of the greenway shall be considered as an
alternative to traditional park land and/or fee-in-lieu payments.
In most circumstances, the greenway shall be placed within an easement
or a publicly dedicated right-of-way. Greenway development shall be
in accordance with the Township Greenway Plan.
(10)
The proposed final condition of the tract to
be dedicated shall be fully depicted on the subdivision or land development
plan.
F. Fee in lieu of land dedication requirements. Where the Board of Supervisors determines that the land does not meet the requirements of §
180-522E, the Board of Supervisors may accept a payment of a fee in lieu of such land dedication which shall be payable to the Township as a condition of approval of the final plan by the Board of Supervisors. The amount of such fee shall be calculated using the following formula (0.0235 acre/dwelling unit) multiplied by a recent average of lot prices per acre as determined by Lower Paxton Township. The formula can also be described as a mathematical equation as follows:
Recreation area required
|
X
|
Average
Lot Price
|
=
|
Fee-in-Lieu
Payment
|
0.0235 acres/dwelling unit
|
G. Limitations on uses of fees. A fee authorized under this
section shall, upon its receipt by the Township, be deposited in an
interest-bearing account. Interest earned on such an account shall
become funds in that account. Funds from such accounts shall be expended
only to acquire lands and to design and construct new recreation facilities
within the Township.
H. Private dedication of land. The Board of Supervisors may
accept the private reservation of the required percentage of land
in lieu of public dedication. The land set aside shall be suitable
in size, dimensions and topography in relationship to the proposed
use; shall be convenient to the residents of the development to be
served; and shall be accessible for maintenance of such recreation
areas by maintaining ownership or by providing for and establishing
an organization for the ownership and maintenance of the private recreation
area. When a recreation area is dedicated to a private organization,
the area may remain available for general public use without fees
or charges except in specific cases of prior reservation of facilities.
When the general public is allowed free and unrestricted use of the
private recreation area, no fee-in-lieu payment is necessary. If use
of the private recreation area is restricted to only residents of
the development, 50% of fee-in-lieu funds shall be payable to the
Township as a condition of approval of the final plan or each phase
thereof.
I. Optional recreation procedure. Upon agreement by the applicant,
the Township may accept the construction of recreational facilities;
the donation of recreation equipment or facilities; the payment of
fees in lieu of dedication; the use of easements to accommodate greenways;
the private reservation of land for recreation purposes; the dedication
of land located in other areas of the Township, or a combination of
the above in order to satisfy the recreation requirements of a particular
subdivision or land development.
J. Timing for contributions/dedication. The dedication of
land shall occur by transferable deed immediately following the recording
of the final subdivision or land development plan for the phase in
which the dedication is required. Where a payment of a fee in lieu
of dedication is approved, the payment shall be made as a condition
of approval of the final plan and shall be payable, in full, prior
to recording of a final plan. Where recreation land or facility to
be dedicated or privately developed recreation land or facility is
to be developed in a later phase, the Township may require bonding
in an amount to be determined by the Township Engineer to be 110%
of the value of the privately owned recreation land or facility to
be set aside in a later phase.
K. Procedure.
(1)
The Township Community Development Staff, upon receipt
of a preliminary plan submission, shall distribute one copy to the
Parks and Recreation Department for review and recommendation. The
review and recommendation by the Parks and Recreation Board shall
include the following:
(a)
The amount of land required, or that a fee shall
be charged in lieu of land, or that land and a fee shall be required,
and/or that a stated amount of credit shall be given for Greenways,
private recreation facilities or unique natural and special features.
(b)
The location of the land to be dedicated, and/or
Greenway locations.
(2)
A copy of the Township Parks and Recreation Board's
review and recommendation shall be forwarded to the Township Planning
Commission and the Township Board of Supervisors. The applicant shall
dedicate the land and/or pay the fee-in-lieu as determined by the
Township Board of Supervisors before the recording of the final plan
or each phase thereof.