Township of Hamiltonban, PA Design Standards

Frontage. All lots within the Township shall have frontage on an existing public street, a proposed public street to be constructed in accordance with the requirements of § 320-30A through Q of this chapter, or an existing or proposed private lane that meets the requirements of § 320-30S of this chapter.

Driveways. All lots within the Township shall be provided access by a driveway that connects the lot to the existing or proposed public street or the existing or proposed private lane, as may be appropriate.

Shared driveways. Shared driveways may be used to provide access for two adjoining single-family detached dwellings, and in accordance with the following standards:

Shared driveways may only be used to provide access to lots fronting on a public street. Use of shared driveways to provide access from private lanes shall not be authorized.

The use of a shared driveway shall only be approved when cross-access easements ensure common use, access, and maintenance of the shared driveway for both property owners. The existence of such cross-access easements shall be clearly noted on the subdivision or land development plan and shall be recorded on the deeds for both lots.

Shared driveways shall not exceed 500 feet in length.

Shared driveways shall be located within a right-of-way of no less than 20 feet in width.

Shared driveways shall be developed with a driving surface of no less than 16 feet in width.

Lot size. The minimum lot size and dimensional requirements shall be as prescribed in Chapter 375, Zoning.

Flag lots. Flag lots, otherwise known as "panhandle lots," as defined in Article II of this chapter, shall be permitted, subject to the following requirements:

Flag lots shall not be permitted within major subdivision plans as defined in Article II of this chapter.

Flag lots may be authorized within minor subdivision plans as defined in Article II of this chapter, and in accordance with the following requirements:

Flag lots are permitted, provided that the use of the flag lot configuration contributes to broader conservation goals of this chapter or other Hamiltonban Township ordinances. Flag lots may be authorized where the use of the flag lot configuration contributes to the conservation of important natural features (including, but not necessarily limited to, floodplains, wetlands, steep slopes, wooded areas), agricultural fields, and/or scenic views, rural vistas, or other similar features. In no instance shall flag lots be permitted solely to enable a property owner to achieve a higher number of lots than what may ordinarily be possible given existing road frontage.

Approval of panhandle lots shall only be at the discretion of the Township where other options to achieve an equal level of conservation of natural, agricultural, scenic, or rural resources on the site have been evaluated and have been determined to be unacceptable.

Flag lots shall only be permitted in the residential zoning districts as established in Chapter 375, Zoning.

Said lots shall include a minimum fifty-foot-wide flag staff or panhandle. The area of the staff or panhandle shall not be included in any minimum lot area calculations with the exception of properties that are enrolled within the County's Clean and Green Program. In those instances, the area of the staff or handle may be included as part of the minimum lot area requirement so long as the total area of the staff or handle does not exceed 15% of the entire lot.

No more than two flag lots may be located adjacent to one another. A minimum separation distance of 400 feet shall otherwise be employed for flag lots located along the same side of the street. Said separation shall be measured at the street frontage between the center lines of the respective staves or handles. No more than two tiers of flag lots shall be permitted. The maximum flag staff or panhandle length shall be 500 feet. Flag lots shall not be permitted on the turnarounds of culs-de-sac.

(f)

Building setbacks shall begin beyond the terminus of the staff or handle. A driveway setback of six feet shall be required within the staff or panhandle. Driveways shall also be set back a minimum of 20 feet from any adjacent existing structure.

(g)

Shared access shall be required for any two flag lots placed side by side. The driveway shall be subject to a common access easement between the two users and an agreement to this effect shall be reviewed and approved by the Township Solicitor prior to final plan approval. All shared access requirements as listed in § 320-30G(2) of this chapter shall also apply.

(h)

Flag lots shall be permitted for single-family detached dwellings only. Only one such dwelling shall be permitted for a single flag lot.

(i)

The flag staff or panhandle shall be used exclusively for access and shall not be used for other purposes, including, but not limited to, buildings, wells or septic systems.

Lot lines. Lot lines shall be approximately at right angles or radial to street lines so long as reasonably shaped lots result.

House numbers. House numbers shall be assigned to each lot by the Adams County Tax Services Office.

[Amended 5-19-2021 by Ord. No. 2021-05]

Percolation tests and soils analysis. Percolation tests and soil analysis shall be required by the Township on each proposed lot in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection. From the results of these tests, the lot size shall be established large enough to provide for the specific minimum area required for the absorption field as prescribed in accordance with the requirements of the Pennsylvania Department of Environmental Protection, but in no case shall the lot size be less than as set forth in Chapter 375, Zoning.

§ 320-30 Streets and alleys.

Street pattern. Street patterns shall comply with the following standards:

The proposed street pattern shall be integrated with existing and/or officially planned streets.

The proposed street pattern shall be related to topography to produce usable lots and reasonable street grades.

Streets in and bordering a subdivision or land development shall be coordinated and shall be of such widths and grades and in such locations as deemed necessary by the Township to accommodate prospective traffic and facilitate fire protection.

The internal street system for a major subdivision or land development involving greater than 10 dwelling units shall be designed to provide a minimum of two points of access to and from the existing public street system. No such major subdivision or land development plan shall be designed with only one access point.

Roadway classification. All roadways within Hamiltonban Township, existing and proposed, shall be classified in accordance with the following chart entitled "Roadway Classification System Characteristics."

[Amended 5-19-2021 by Ord. No. 2021-05]

Roadway Classification System Characteristics
The Township's inventory of streets, roads and highways is further classified in the most recent edition of the Township Comprehensive Plan.
Interstates and Other Limited Access Freeways
1.	Provide limited access facilities.
Arterials, Principal
1.	Serve major centers of activity and carry high proportion of area travel on minimum mileage.
2.	Integrated both internally and between major rural connections.
3.	Carry most trips entering and leaving the area and serve intra-area travel.
4.	Provide continuity for rural arterials.
5.	Spacing related to trip-end density characteristics.
Arterials, Minor
1.	Interconnect with and augment principal arterials.
2.	Accommodate trips of moderate length.
3.	Distribute travel to areas smaller than identified with higher systems.
4.	Place emphasis on land access and offers lower traffic mobility.
5.	Spacing normally not more than one mile.
Collectors
1.	Provide both land access services and traffic circulation.
2.	Distribute trips from arterials through residential neighborhoods to ultimate destination.
3.	Collect traffic from local streets and channel to arterials.
Minor (including Culs-De-Sac)
1.	Comprise all public roadways, except alleys, not included in a higher classification.
2.	Permit direct access of abutting lands, connect to higher systems.
3.	Discourage through traffic movement.
Alleys/Service Drives
1.	Provide alternative, often rear, property and service access where direct access from higher classification streets is either not desired or not practical.
2.	Discourage through traffic movement.
3.	Employed only in developed or higher intensity developing settings.
Private Lanes (Type A)
1.	Existing privately owned streets providing direct access to limited numbers of properties.
2.	Constructed to specifications less than required for public streets.
3.	Often exhibit deficiencies with regard to two-way traffic flow and emergency access.
4.	The number of new properties permitted to receive access is limited. Improvements to these streets are often necessary before additional property access can be permitted.
5.	Provide direct access to adjacent properties.
Private Lanes (Type B)
1.	New privately owned streets proposed within context of a subdivision or land development plan.
2.	May or may not be constructed to Township specifications for new public streets.
3.	Number of users limited when not constructed to Township public street specifications.
4.	Provide direct access to adjacent properties.

Street width. Public streets shall be laid out according to the following minimum requirements:

[Amended 5-19-2021 by Ord. No. 2021-05]

Class of Street		Right-of-Way Width (feet)	Minimum Cartway Width** (feet)	Shoulders (feet)
Cul-de-sac street		50	20	2
Turnaround of cul-de-sac (diameter)		100	80	—
Minor street		50	22	2
Collector street		60	24	4
Arterial street		PennDOT Standards	PennDOT Standards	PennDOT Standards
Alley and service drive		30	20	—
Private lanes*
	Type A Class 1	N/A	N/A	N/A
	Type A Class 2	N/A	N/A	N/A
	Type A Class 3	N/A	N/A	N/A
	Type B Class 1	50	22	2
	Type B Class 2	50	20	2

*	Private lane construction shall refer to § 320-30S for construction and design standards.
**	The cartway width standards shall be interpreted as minimum standards. The Township retains the right to require additional cartway width where specific conditions warrant. Such conditions include, but are not necessarily limited to, locations where on-street parking needs to be accommodated.

Street improvement.

General. All street construction shall be subject to supervision by the Township Supervisors, or their representatives, and shall be consistent with the grades and dimensions drawn on the plans, profiles, and cross sections submitted by the applicant and approved by the Township Supervisors. Private lane construction shall refer to § 320-30S for construction and design standards. The applicant shall reimburse the Township for the actual cost of the required final inspection of construction (including subgrade, subbase and pavement) by the Township Supervisors, or their representatives. The subdivider or developer shall not begin work on structures in any part of the subdivision or land development until the streets in that part have been graded to within four inches of the base course. At such time as 10% of the structures within the subject phase of a subdivision or land development have been completed or are under construction, the subdivider or developer shall be required to install finished grade prior to beginning work on any other structure within the subdivision or land development. The wearing course shall not be applied to any proposed Township street in a subdivision or land development until a minimum of 90% of the structures have been completed within that phase of the subdivision or land development.

Arterial streets. For the construction of arterial roads or highways, the developer shall consult the Township Supervisors and be governed by the Pennsylvania Department of Transportation for the method of construction to be used. The Township Supervisors shall decide if a collector or arterial street is required as a direct result of the construction of the development.

Improvement of existing streets. Where a development is proposed along existing Township roads that do not meet the minimum width criteria of this chapter, the Township may require the developer to upgrade the portion of such existing Township roads in a manner that complies with said criteria. The developer shall only be required to improve the side of the existing Township road that borders the property being developed. In the alternative, the Township may collect a fee in lieu of the completion of the required improvements. If collected, the Township shall hold said fee in a reserve account to be applied at a future date when the entire road can be upgraded.

Street markings. Streets shall be marked in accordance with the most recent version of the Manual on Uniform Traffic Control Devices as published by the U.S. Department of Transportation.

Continuations. Where reasonable and practical, new streets shall be laid out to continue existing streets at no reduction in width and at a width no less than that prescribed in § 320-30C. However, greater widths may be required in accordance with the Township Engineer's recommendations.

Street names. Continuations of existing streets shall be known by the same name. Names for other streets shall not duplicate or closely resemble names for existing streets in the County. Names shall be provided for all proposed streets and are subject to approval by the Post Office.

Access. Streets shall be arranged to provide access to all lots and to adjacent undeveloped areas, and the applicant shall improve these access streets to the limits of the subdivision or land development. Easements or rights-of-way providing a means of future access to adjacent properties shall be required when deemed appropriate by the Township Supervisors. Furthermore, all such access easements or rights-of-way shall have a minimum width of 50 feet and shall be so noted on the recorded plan.

[Amended 11-16-2021 by Ord. No. 2021-09]

Dead-end streets/cul-de-sac streets. Dead-end streets are prohibited unless constructed as cul-de-sac streets. Cul-de-sac streets shall only be permitted as a component of a major subdivision or land development plan, as defined in Article II of this chapter, that involves 10 or fewer dwelling units. Where authorized, cul-de-sac streets shall meet the following requirements:

Cul-de-sac streets shall not exceed 1,000 feet in length, and shall be designed in accordance with the cul-de-sac street width and turnaround requirements of § 320-30C. The length of the cul-de-sac street shall be measured from a point defined by the intersection of the cul-de-sac center line and the center line of the street to which the cul-de-sac street connects to the center point of the cul-de-sac turnaround.

Cul-de-sac streets shall be provided with a twenty-five-foot by twenty-five-foot easement adjacent to the right-of-way associated with the turnaround to be used for snow stockpiling.

These standards shall not be applicable to dead-end private roads. Where authorized, dead-end private roads shall be subject to the requirements of § 320-30S.

Clear sight distance. Clear sight distance along center lines of minor residential streets shall be maintained at not less than 150 feet; and along nonresidential and/or residential collector streets at not less than 250 feet.

Directional changes. Changes in street direction shall be made by horizontal curves with a minimum radius of 500 feet for arterial streets, 300 feet for collector streets and 200 feet for minor streets. These radii are to be measured at the center line. Shorter radii may be permitted on recommendation of the Engineer.

Street alignment. Street alignment shall be designed in accordance with the following standards:

Vertical street alignment.

Street grade. Vertical street alignments shall be measured along the street center line. The minimum grade of all streets shall be 1% unless in a transition between a crest or sag. The maximum grade for all streets shall not exceed 10%. Local streets, where access is also available over street with a 10% grade or less, may have grades up to 12%. A cul-de-sac street shall not exceed 10% and the cross-slope of a turnaround shall not exceed 5%. The street grades authorized by this section do not supersede the requirement that sidewalks conform with the latest edition of the ADA Standards for Accessible Design as published by the U.S. Department of Justice.

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

Street grade at street intersection. A leveling area shall be provided where the approaching grade, within 100 feet of the center line intersection, exceeds 7% on streets at four-way street intersections, or the terminating street at a three-way intersection. Such leveling area shall have a maximum grade of 5% for a minimum length of 100 feet measured from the intersection of the center lines.

Street grade at street turnaround. The grade, in all directions, within the diameter of a turnaround and along the curbline at the terminus of a permanent cul-de-sac street shall be at least 1% and shall not exceed five 5% in all directions.

Side street slope. All areas within the street right-of-way shall be graded substantially consistent with the street center line. The maximum slopes of banks located outside of the street right-of-way shall comply with applicable standards in the Hamiltonban Township Standard Construction and Material Specifications document.[1] Guide rail protection shall also be installed and constructed in accordance with applicable standards in the Hamiltonban Township Standard Construction and Material Specifications document.

Editor's Note: The Construction and Material Specifications document is on file in the Township offices.

Horizontal street alignment.

Horizontal curves. Horizontal curves shall be used at all angle changes. Horizontal street alignments shall be measured along the center line. Single, long radius curves shall be used, rather than a series of curves with varying radii and/or a series of short curves separated by short, straight segments. The minimum center line radii for horizontal curves shall be in accordance with the latest edition of the AASHTO publication entitled "A Policy on Geometric Design of Highways and Streets." Horizontal street alignments shall be consistent with the proposed posted speed limit. The development plan shall identify the designated design speed for each street. The designated design speed is subject to Township approval. The posted speed limit shall not exceed the design speed limit.

Perimeter street. Where streets are located along the perimeter of a property, the developer shall provide building setback lines, grading, and clear sight triangles within the adjacent properties. Permission for these encroachments shall be obtained by the developer in the form of an easement or right-of-way agreement from the adjacent landowner.

Cartway alignment. The center line of the street cartway shall correspond with the center line of the street right-of-way.

Traffic calming measures. The Township may require the installation of traffic calming measures for streets and access drives. "Traffic calming measures" are devices, systems, and programs described in the PennDOT Bureau of Highway Safety and Traffic Engineering publication known as "Publication 383," dated January 2001, and entitled "Pennsylvania's Traffic Calming Handbook." The criteria used to determine the necessity, location, design, and construction of traffic calming measures, including all related warnings, signs, and markings, shall be in accordance with accepted traffic engineering principles and Publication 383.

Crown. The slope of the crown on minor and collector streets shall be no less than 1/4 inch per foot and no more than 1/3 inch per foot as directed by the Engineer.

Side slopes. Streets, cuts and fills shall be provided with side slopes no steeper than one foot vertical to three feet horizontal. Such slopes shall be suitably planted with perennial grasses or other vegetation to prevent gullying and erosion.

Materials and construction standards. Materials and construction standards for streets, curbs and gutters, and sidewalks shall conform to applicable standards in the Hamiltonban Township Standard Construction and Material Specifications document.[2]

Editor's Note: The Construction and Material Specifications document is on file in the Township offices.

Intersections. Street intersections shall be designed according to the following standards:

No more than two streets shall intersect at the same point. The center lines of all intersecting streets shall form ninety-degree angles. Street with center lines proposed to intersect at an angle other than 90° shall not be authorized.

Intersecting streets shall not enter into the same side of collector streets or arterial highways at intervals of less than 800 feet. Intersection streets shall not enter into the same side of minor streets at intervals of less than 200 feet.

Intersecting streets shall intersect from opposite sides with a common street center line or shall be offset in accordance with the following minimum standards, measured along the center line of the street being intersected:

Intersections involving only minor streets shall be offset by a minimum distance of 150 feet.

Intersections involving one or more collector streets shall be offset by a minimum distance of 400 feet.

Intersections involving one or more arterial streets shall be offset by a minimum distance of 1,000 feet.

Maximum grade within any intersection shall not exceed 5% in any direction, and approaches to any intersection shall follow a straight course within 100 feet of the intersection. Grades within 100 feet of an intersection shall not exceed 10%.

Curb radii at intersections shall be according to the following schedule of minimum lengths: five feet for all intersections involving alleys, 10 feet for all intersections involving minor streets, and 15 feet involving collector streets and arterial streets (unless an alternative radius standard is dictated by the Pennsylvania Department of Transportation through a highway occupancy permitting process). Where an intersection includes streets of different classifications, the curb radius standard to be employed shall be that standard for the lower classification street. The Township reserves the right to require larger curb radii should existing or likely future traffic flows include a significant proportion of vehicles that require such larger curb radii.

A seventy-five-foot clear sight triangle shall be provided, in which no building or structure, utility poles, light standards, wall, fence, hedge, tree, shrub, or other growth shall be placed, except for street signs, mailboxes and fire hydrants.

All intersections with a state route shall be subject to approval of PennDOT. The developer shall include Township comments with the submission of any required PennDOT highway occupancy permit.

Safe stopping distance. All intersections shall be design to comply with the minimum sight distance requirements, as described in 67 Pa. Code § 441.8(h)(2)(iv) and PennDOT Publication 282, page 27, as amended.

The diagrams below and the following measurement procedures shall be used to establish the minimum sight distance for vehicles intending to cross over a travel lane, and to the rear of a vehicle intending to turn left into an access. See PennDOT Publication 282, page 18, Note 1(a) for information on measuring sight distance for vehicles existing an access location.

To measure sight distance between a vehicle intending to turn left into an access and a vehicle approaching in the opposite direction, the position of the driver of the turning vehicle is taken to be 35 feet in advance of the driveway center line (allows a twenty-five-foot turning radii, plus 10 feet from the front of the car to the driver's eye).

The available sight distance is measured from the center line of the intersection to the point where an approaching vehicle can first be seen. The eye height of the driver intending to turn left is established at 3 1/2 feet. The eye height of the driver of the vehicle approaching the intersection from the opposite direction is established at 4 1/4 feet.

To measure sight distance from a motorist approaching a vehicle stopped to make a left turn into an intersection from the rear of the left-turning vehicle is taken to be 45 feet from the center line of the intersection (allows a twenty-five-foot turning radius, plus 20 feet for the length of the vehicle).

The available sight distance is measured from the rear of the left-turning vehicle to the point where approaching vehicles can first see the vehicle waiting to turn left. The eye height of the approaching driver is established at 3 1/2 feet. The eye height of the driver of the vehicle waiting to turn left is established at 4 1/4 feet.

To determine roadway grades when measuring sight distance, an average grade shall be calculated over the length of the roadway in which the approaching motorist will physically apply the brakes of the vehicle. This length of roadway can be determined by subtracting the perception/reaction time component of the minimum safe stopping sight distance equation from the measured sight distance (see 67 Pa. Code § 441.8(h)(2)(iv).

The prevailing speed of traffic shall be considered when evaluating the available sight distance for an intersection. If it is evident that prevailing speeds are higher than the posted speed limit and the available sight distance is near to the sight distance required for the posted speed limit, eighty-fifth-percentile speed shall be measured near the intersection. The eighty-fifth-percentile speed shall then be used to calculate the minimum safe stopping sight distance requirements.

320 Clear Sight Triangle Intersections.tif

Alleys and service drives. The following standards shall apply to the design and location of alleys and service drives:

Alleys shall not be permitted in residential developments except by permission of the Township. No part of any dwelling, garage, or other structure may be located within the required rear yard abutting an alley.

Alleys or secondary service drives serving commercial and industrial establishments are required unless other provisions for service are provided.

Private lanes. Hamiltonban Township recognizes the existence of private lanes providing access for existing lots or dwellings. None of the existing private lanes are maintained by the Township, and the Township has no interest, desire, responsibility or intent for any future maintenance of said lanes as they currently exist. The Township recognizes health, safety and general welfare concerns that are unique to private lanes related to emergency management services, utilities, delivery services, and private landowner and maintenance issues. All of these concerns shall be considered in any decisions related to private roads rendered by the Township. The Township regulates private lanes as follows:

General requirements. The following standards shall apply to all private lanes, regardless of type:

All subdivision and land development plans shall identify any private lanes, existing or proposed, by the appropriate type and class described below.

All owners of property accessed by a private lanes shall install a mailbox at the intersection of said private lane with the public road system in a manner consistent with applicable requirements of the local postal office.

All owners of property accessed by a private lane shall install proper premises identification in accordance with Township standards placed in a location that is plainly visible from the public road to which the private lane connects.

The expansion of existing private lanes, the development of new private lanes, or the development of new uses or properties reliant on public lanes shall be prohibited in any instance that involves a bridge or other structure deemed to be unsafe or inhibitive to emergency vehicle access according to standards determined by the Township Engineer.

Existing private lanes. Existing private lanes shall be identified as "Type A" private lanes and shall be subject to the following standards:

General characteristics. Type A private lanes are usually unimproved, and are constructed of dirt and/or stone. An officially recognized list of Type A private lanes has been adopted by resolution of the Board of Supervisors.

Lot owner agreement. Any subdivision or land development plan proposing a new use or property accessed from a Type A private lane shall be accompanied by road maintenance agreement approved by all current and proposed future lot owners who are or will be provided access by said Type A private lane. The agreement shall include the following:

Included as part of this agreement shall be a statement indicating that the Township has no interest, obligation, responsibility or intent of maintaining or taking over said private lane until such time as it is reconstructed to meet all prevailing Township street design and construction specifications.

The maintenance agreement shall extend maintenance responsibilities to include the newly proposed users.

The agreement shall be reviewed and approved by the Township Solicitor and shall be referenced on the subdivision/land development plan.

[4]

A reference to the maintenance agreement shall appear on any and all newly created deeds for the subject properties.

Private lane offshoots. No additional private lane offshoots from a Type A private lane shall be permitted until the Type A private lane is upgraded to meet all Township specifications for street construction, except for paving.

Type A private lane subclasses. Three subclasses of Type A private lanes are identified below. Any subdivision or land development plan proposing a new use or property accessed from a Type A private lane shall identify the subclass of the Type A private lane. The subdivision or land development plan shall demonstrate that any standards associated with the given subclass are achieved before a new use or property that relies of the Type A private lane will be authorized.

Class 1. Type A, Class 1 private lanes are constructed with a cartway width of 18 feet or greater for their entire length and are adequate for normal two-way vehicle traffic and are accessible throughout for use by normal emergency management, utility and delivery vehicles. These private lanes are subject to the following requirements:

No improvements to this subclass are necessary to enable the additional proposed access.

No more than 25 uses or properties may be accessed from a Type A, Class 1 private lane. Should a subdivision or land development plan propose to add uses or properties to such a private lane where the total number of uses or properties would exceed 25, the subdivision or land development plan shall propose the improvement of the private lane to the specifications required for streets intended to be dedicated to the Township.

Class 2. Type A, Class 2 private lanes exhibit a cartway width of less than 18 feet and do not provide for two-way traffic or passage of two normal vehicles, but are constructed in a manner that allows for normal emergency management, utility and delivery vehicles. These private lanes are subject to the following requirements:

Any subdivision or land development plan proposing a new use or property accessed from a Type A, Class 2 private lane shall include improvements to the private lane to allow for some two-way traffic flow. At a minimum, a pull-off space, with a minimum width of 10 feet and a minimum length of 30 feet, shall be provided at the Board's discretion on average every 300 feet, and no more than 500 feet, from the intersection with a public road. Said pull-off spaces may be constructed on either side of the cartway and shall be maintained to the same extent as the main cartway. Individual private driveways and their approaches shall not qualify as a required pull-off space.

No more than 10 uses or properties may be accessed from a Type A, Class 2 private lane. Should a subdivision or land development plan propose to add uses or properties to such a private lane where the total number of uses or properties would exceed 10, the subdivision or land development plan shall propose the improvement of the private lane to Type A, Class 1 specification at a minimum.

Class 3. Type A, Class 3 private lanes exhibit a cartway width of less than 18 feet which does not provide for two-way traffic or passage of two normal vehicles, and are constructed in a manner that precludes normal emergency management, utility, and delivery vehicles. These private lanes are subject to the following requirements:

No subdivision or land development plan proposing new uses or properties accessed by an existing Type A, Class 3 private lane shall be permitted. Should a subdivision or land development plan propose to add uses or properties to such a private lane, the subdivision or land development plan shall propose the improvement of the private lane to Type A, Class 1 or Type A, Class 2 standards. The extent of improvements shall be based on the cumulative proposed uses or properties.

The degree to which proposed improvements are able to accommodate normal emergency management, utility, and delivery vehicle access shall be based on a technical review conducted by the Township Engineer. The Township, upon recommendation by the Township Engineer, may require design standards exceeding the Type A, Class 1 or Type A, Class 2 standards where necessary to enable or improve normal emergency management, utility, and delivery vehicle access.

Type A private lane relocation. When proposed in conjunction with the submission of subdivision plan or land development plan, all or portions of Type A private lanes may be relocated, provided the following standards are achieved:

The relocated Type A private lane or portion thereof shall be constructed in accordance with the requirements for Type B, Class 2 private lane as established in § 320-30S(3)(d)[2].

A lane maintenance agreement that meets the requirements of § 320-30S(3)(b) of this chapter shall be established to ensure maintenance of said relocated Type A private lane.

New private lanes. New private lanes shall be identified as "Type B" private lanes and shall be subject to the following standards:

General characteristics. Type B private lanes include any proposed new road that is not intended to be dedicated to the Township. These private lanes may include fully developed roadways or roadways that are not fully developed and are intended to serve only a limited number of use or properties.

Lot owner agreement. Any subdivision or land development plan proposing a new use or property accessed from a Type B private lane shall be accompanied by a draft road maintenance agreement. All proposed uses or lots to be accessed by the proposed Type B private lane shall be required to enter into said agreement. The agreement shall include the following:

The agreement shall be reviewed and approved by the Township Solicitor and shall be referenced on the subdivision/land development plan.

A reference to the road maintenance agreement shall appear on any and all newly created deeds for the subject properties.

It shall be the responsibility of the developer to provide street name signs and stop signs at all Type B private lane intersections in accordance with Township specifications.

Type B private lane subclasses. Two subclasses of Type B private lanes are identified below. Any subdivision or land development plan proposing a new use or property accessed from a Type B private lane shall identify the subclass of each Type B private lane proposed. The subdivision or land development plan shall demonstrate that any standards associated with the given subclass are achieved before a new use or property that relies on the Type B private lane will be authorized.

Class 1. Type B, Class 1 private lanes shall be constructed in accordance with Township minor street design and construction standards of § 320-30 of this chapter as ordinarily applied to proposed streets intended to be dedicated to the Township. Lot development along these Type B, Class 1 private lanes shall be determined by the Township's approval of the subdivision or land development plan proposing the private lane and/or by the Township's approval of subsequent subdivision or land development plans. Offshoot private lanes from a Type B, Class 1 private lane shall only be considered for approval when incorporated within a new subdivision or land development plan for review and approval by the Township.

Class 2. This class of unimproved private lane shall be constructed in accordance with the following standards. The Type B, Class 2 private lane shall serve as an access for the development only and shall not be intended for general public use or thoroughfare. The developer shall provide for the total construction and maintenance of the private lane. Only one such private lane shall be permitted for any property as it existed on the date of adoption of this chapter.

The total number of users of the private lane, existing and proposed, shall not exceed 10.

Said private lanes shall have a right-of-way width of 50 feet and a minimum cartway width of 20 feet. The cartway shall be centered within the right-of-way.

[c]

Unobstructed horizontal clearance for the entire width of the cartway and unobstructed vertical clearance of 13 feet six inches shall also be maintained throughout.

[d]

Private lane construction shall allow for two-way vehicular traffic and transit by normal emergency management, utility and delivery vehicles throughout its length based on a technical review conducted by the Township Engineer.

[e]

Said private lanes shall be limited to a length of 1/2 mile (2,640 feet).

[f]

Minimum turning radii shall be 36 feet inside and 52 feet outside.

[g]

The minimum grade of the private lane shall be 0.75%.

[h]

The maximum grade of the private lane shall be 10%. Grades up to 14% may be permitted for distances of not more than 150 feet where mitigation measures are approved by the Township upon consultation with the Township Engineer and emergency management personnel.

[i]

Grades within any proposed turnaround shall not exceed 4%.

[j]

The private lane shall be crowned in accordance with Township street specifications.

[k]

Trees, landscaping, lampposts, signs, and other vertical obstructions more than seven feet tall shall not be placed within 10 feet of the outside turning radius.

[l]

Private lanes shall be constructed of a base course consisting of a bottom layer of four inches of AASHTO No. 1 stone and a top layer of seven inches of either 2A or 2RC stone, measured after it has been compacted with a vibratory roller of not less than 10 tons in weight.

[m]

When constructed with a downward slope toward the intersecting public road, the entrance to the private lane shall be improved as per Township street specifications for a minimum distance of 50 feet from the edge of the existing cartway.

[n]

Any Type B, Class 2 private lane designed as a dead-end road shall be constructed as a cul-de-sac, including a turnaround built to Township specifications. Acceptable alternatives for private lane turnarounds include a 120-foot hammerhead or an oblique ("Y") hammerhead with leg lengths of 60 feet each. Minimum curve radii of 28 feet are required for each of these alternatives.

[o]

No offshoot private lanes shall be constructed off a Type B, Class 2 private lane unless such private lane has been reconstructed to meet the street design and construction specifications for a Type B, Class 1 private lane.

[p]

The developer shall be responsible for naming the private lane with approval from Adams County. The name will use the term "Lane" and the developer shall be responsible for providing a street sign to Township specifications at the road's entrance.

[q]

Private lane construction and inspection shall be included with any public improvements for guarantee purposes prior to the release of any approved final plan.

[r]

The plan creating a Class B, Type 2 private lane shall include a note stating that the Township has no interest, obligation, responsibility or intent of maintaining or taking over said road until such time as it is reconstructed to meet all prevailing Township street design and construction specifications. The note shall mirror the language found in the lot owner's agreement as required in § 320-30S(3)(b) above.

§ 320-31 Utilities and other facilities.

Installation of all sewers, water mains, streetlights, manholes and other utilities shall be in strict accordance with the engineering standards and specifications of the Township, municipal authority or other public utility concerned. Sanitary sewers shall have a minimum inside diameter of eight inches and a minimum grade of 0.004 ft/ft. Terminal pipes shall be provided with a minimum grade of 0.01 ft/ft. Manholes shall be located generally at intervals of no more than 400 feet. Manholes are also required at all points of change of course or grade line and at all points of intersection of sewer lines. Sanitary sewers shall not be used to carry stormwater. When on-site facilities are necessary, their design, construction and installation shall be in accordance with the requirements of any Township ordinance or regulations governing such on-site facilities, and shall be approved by the sanitary officer or other appropriate governmental health agency.

If a public sanitary sewer system is available (within 500 feet of any part of the proposed subdivision, mobile home park, or land development), the subdivider or developer shall design and install a system, including laterals, which shall be connected to the public system and which shall serve every property within the proposed project. All plans and installations shall be subject to the approval of Hamiltonban Township Supervisors. The Board of Supervisors reserves the right to waive this requirement where, owing to topographic features or character of development, such connection would be an undue hardship.

Where a public sanitary sewer system is not accessible but is planned for extension to the subdivision or land development or to within 500 feet of any part of the subdivision or land development, the subdivider or developer shall install sewer lines, including lateral connections, to provide adequate service to each lot within the proposed project when connection with the public system is made. A sewer shall be considered to be planned for extension to a given area any time after engineering and related studies have been approved by the Pennsylvania Department of Environmental Protection and other agencies preparatory to the construction of facilities within 500 feet of any part of the subdivision or land development. The sewer lines shall be capped at the limits of the subdivision, mobile home park, or land development, and the laterals shall be capped at the street or sewerage right-of-way line. All plans and installations shall be subject to the approval of the Hamiltonban Township Supervisors. When capped sewers are provided, on-site disposal facilities shall also be provided. In lieu of providing the required sewer facilities, the subdivider or developer may upon approval of the Hamiltonban Township Supervisors escrow an amount of money necessary to cover the costs of providing the required sewer facilities under terms acceptable to the Board of Supervisors.

In any portion of the Township defined in § 320-31C where a central sewerage system is proposed, such system shall be subject to approval of the Hamiltonban Township Board of Supervisors, which may establish conditions for future acceptance by the Board of such system. Such conditions may include a deferral of acceptance or a permanent refusal to accept.

When a proposed subdivision or land development intends to utilize a public or Township-owned water supply system, the subdivider or land developer shall submit to the Township satisfactory evidence from the applicable agency approving of such utilization.

All private, central water supply systems shall be designed in accordance with the applicable regulations of the Department of Environmental Protection.

Fire hydrants shall be provided within any development to be served by a public or privately developed community water system. Fire hydrants shall be located so that the maximum distance from the front of any building to a fire hydrant is no more than 600 feet. The applicant shall provide documentation from the local Fire Department-assigned first response that the location and design of the fire hydrants meets emergency response needs.

Adequate easements or rights-of-way shall be provided for drainage and utilities. Where common utility lines are installed in or over undedicated land, a public easement six feet on each side of the line shall be required. Suitable easements may also be required along the course of streams for the future installation of sewers. Where feasible, telephone and electric lines shall be installed below ground.

Landmarks. Within the context of utilities design and construction, the subdivider or land developer shall preserve trees of more than six inches in diameter measured at a point four feet from ground level. Further, the subdivider or land developer shall preserve groves of trees, waterways, scenic points, historic spots, and other community assets and landmarks.

Streetlights.

Streetlights shall be provided at every proposed street intersection for any development with one or more of the following characteristics:

Development located partially within Hamiltonban Township and partially within Fairfield Borough.

Development located adjacent to Fairfield Borough.

Development with a development density of three dwelling units per acre.

Any development where the Township determines that intersection lighting is necessary in the interest of enhancing public safety.

Where the provision of streetlights is based on proposed development density, said density shall be calculated utilizing the property's net developable area, which is exclusive of any designated areas for open space, conservation, recreation, floodplain, wetland, stormwater management, and public rights-of-way.

§ 320-32 Traffic impact studies.

At the time of preliminary plan submittal, the applicant shall provide a traffic impact study in accordance with the following requirements:

A traffic impact study shall be required in any instance where the estimated average daily trip generation resulting from the proposed subdivision or land development is 500 vehicles per day or more. The Township Board of Supervisors may require at its discretion a traffic impact study in other instances where conflicts are anticipated involving significant truck traffic, pedestrian traffic, documented safety concerns, inadequate existing road systems, and planned Township or state infrastructure improvements.

The cost of preparing the study and the cost of a review by the Township, its engineer, and its traffic engineer shall be borne by the applicant. The study shall be prepared by a qualified traffic engineer or planner. The applicant shall propose the use of a specific consultant and shall provide a list of the consultant's credentials for review by the Township. Said consultant shall be approved by the Township prior to initiation of the study.

The applicant and his consultant shall meet with the Township and its engineer prior to beginning the study in order to establish the study area limits. These limits shall not exceed a maximum distance of one mile from the proposed project's boundaries.

Joint traffic studies between different applicants are encouraged. Should a recent and relevant study be available, that information may be used when applicable as a basis for the required study upon approval by the Township.

The scope of the study shall be coordinated by the applicant's consultant and the Township Engineer and approved by the Board of Supervisors. Said scope shall include, at a minimum, existing and projected traffic conditions, including volumes and service levels for a.m. and p.m. peak hours; accident history; trip generation estimates; warrants for signalization, signage and other methods of traffic control; speed analysis and recommended limitations; twenty-four-hour traffic counts and a subsequent determination of actual peak hour usage; an analysis of structural road conditions; sight distance considerations; and trip distribution analysis.

The study shall conclude with an executive summary of findings and a list of recommended improvements. The applicant shall respond to these findings and recommendations in writing with a proposal on programs, improvements, rights-of-way, financing or other measures he is willing to participate in to resolve any negative impacts expected to result from the project.

In instances where needed transportation improvements within a given planning area are known, the Township may authorize the payment of a fee in lieu of preparation of a traffic impact study in support of a proposed development project. If the Township authorizes payment of such a fee, the Township shall allocate the fee toward regional roadway and transportation improvements that would support the proposed development. The amount of such fee shall be mutually determined by the Township Engineer and the developer's engineer and shall reflect the likely cost of performing the ordinarily required traffic impact study in accordance with Township requirements. The Board of Supervisors shall approve the amount of such fee. The fee shall be refunded to the applicant if not used for the designated purpose within five years of payment.

§ 320-33 Water impact study.

Requirement for a water impact study. A groundwater availability study will be required at the time of any required preliminary plan submittal for all subdivision(s) and/or land development(s) of any land tract(s) in Hamiltonban Township that proposes to utilize groundwater obtained from the said tract(s), any adjoining tract(s) or from any other tract(s) within the Township. The study will be required irrespective of whether that water is being distributed as part of a public water supply or as individual well(s) on lot within the said tract(s).

Exclusion and modification to a water impact study.

Exclusion. In the case of subdivision(s) or land development(s) involving less than 10 existing proposed or possible residential dwelling unit(s) or nonresidential development(s) estimated to use less than 3,500 gpd (gallons per day) of water, the groundwater availability study is not required. Studies shall also not be required when the applicant is a municipal water supplier, including but not limited to the Township and the Borough of Fairfield, and the proposal is for a new or expanded regional water source.

Modification. When there are 15 or more dwelling unit connections proposed as possible additions in the future to the said well/water system or when there are or is a possibility, in the future, of 25 or more human consumers of the water from the said source, the study, regulation(s) and approval(s) shall also be within the jurisdiction of PADEP for conduct of the water impact study.

Conduct of a water impact study. The water impact study shall be prepared, signed and sealed by a hydrologist, professional geologist or professional engineer qualified to conduct groundwater investigations in the Commonwealth of Pennsylvania. The purpose of the study will be to determine whether there is an adequate supply of groundwater for the proposed use and to estimate the impact of the additional water withdrawal(s) on existing nearby wells, underlying aquifers and streams and examine the possible connection(s) to an existing public water supply system and the capacity of that existing system to accommodate the proposed development(s). The scope of the study shall be determined upon consultation with the Township Engineer. Prior to approval, the Township shall conduct an independent, professional review of the study. The cost of the review shall be borne by the applicant.

Water impact study requirements. The Hamiltonban Township Board of Supervisors shall only review and/or approve the groundwater impact study after the person(s) preparing the study signs the report, certifies the data and has included the following information:

Calculations of the projected water needs, using the criteria set forth in the following:

For residential usage, the PADEP calculation of 3.5 persons per dwelling unit and an average daily usage of 100 gallons per person per day shall be utilized.

For any nonresidential usage, PADEP accepted estimated water usage figures shall be utilized in all computations.

For any and all proposed public water system usage as described in § 320-33B(2), PADEP jurisdictions shall prevail.

Where applicable, calculations of the projected water needs using the criteria set forth in the following references shall be used:

Public Water Supply Manual, Bureau of Water Quality Management Publication No. 15, by the PADEP, Harrisburg, Pennsylvania, as amended.

Guide for Determination of Required Fire Flow, by the Insurance Services Office (ISO), as amended.

American Water Works Association, Standards and Manuals for the American Water Works Association, Denver, Colorado, as amended.

A geologic map of the area within a one-mile radius of the site, at a scale of not more than one inch to 1,000 feet (one inch equals 1,000 feet).

The location of all faults, lineaments and fracture traces within 1/4 mile of the site.

The locations of all existing and proposed wells within 1/4 mile of the site, and all large withdrawal wells (over 10,000 gpd) within one mile of the site.

The location of all existing and proposed on-lot septic systems and sewer lines within 1/4 mile of the site.

The location of all streams, perennial and intermittent, floodplains and wetlands, within the project's boundaries.

The locations of all existing sources of pollution/contamination within 1/4 mile of the well site.

(8)

A discussion of the aquifers underlying the site and their long-term drought recharge capability based on accepted published data or detailed site-specific investigations.

(9)

Based on the drought recharge capability of the underlying aquifer and the calculated daily groundwater withdrawals of the project, a hydrologic budget shall be calculated for the site property itself, and for the area within 1/4 mile of the site.

(10)

Based on the results of the hydrologic budget, a determination shall be made on whether or not the potential exists for adverse affects on the hydrologic environment caused by the project.

(11)

The study shall include a brief statement of the qualifications of the person(s) preparing the study.

(12)

For each well that is constructed:

An accurate geologic log should be constructed during the drilling of the well, giving a detailed description of the type and thickness of rocks encountered.

The log should contain information on the depth and thickness of all water-bearing zones encountered and the yield for each zone. Yield from the well must be measured using a quantitative method.

(13)

A pumping test shall be conducted at a rate and duration to be determined by the Township or its designee. A test of greater duration may be required if a water table or unconfined-type response (delayed drainage) is encountered during the testing period. The test shall be conducted at a constant pumping rate that should not deviate greater than +/-5% during the test. Notice of all pumping tests shall be given to the Township at least 72 hours before commencing the pumping test.

(14)

In order to determine the impact of the project on existing wells, a representative sample of existing wells, evenly spaced around the pumping well, shall be monitored for changes in water level. The number and location of monitoring wells shall be subject to approval by the Township or its designee before conducting a step test. Sufficient well monitoring shall be performed to allow for the construction of hydrographs showing a continuous record of well levels before, during and after the pumping test.

(15)

A means of accurately measuring the well discharge shall be provided, subject to approval by the Township or its designee.

(16)

Well discharge shall be directed away from the site by a method suitable to the Adams County Conservation District and to a point suitable to the Township.

(17)

Records shall be compiled in typewritten form, to include the following information:

Name of driller and personnel conducting test.

Description of test well, to include horizontal and vertical dimensions, casing installed and grouting detail.

List of formation samples.

Static water level immediately prior to yield testing.

Hydrograph of depth to water surface during test pumping and recovery period at the test well, showing corresponding pump and discharge rate in gallons per minute and time readings were taken.

(f)

Log of depth to water surface at existing and monitoring wells during test pumping period, showing time readings were taken.

(18)

A report shall accompany the test well data, which analyzes and interprets all data regarding impacts on the groundwater supply and existing wells. The credentials of the individual(s) preparing the report shall be included. Conclusions shall be drawn from the analysis with respect to:

Availability of sufficient water for the land development proposed;

Probable effects of long-term pumping on well levels within one mile of the test well.

(19)

No land development/subdivision plan requiring a water impact study shall be approved by the Township if the study indicates that the proposed well/water system does not provide an adequate supply of water for the proposed development/use, considering both quality and quantity, or that the proposed well/water supply adversely affects nearby wells and streams or does not provide for adequate groundwater recharge in respects to calculated withdrawals.

(20)

The submission to the Township shall include all applications, reports, or supplemental information submitted to and received from the PADEP and/or the Adams County Conservation District.

§ 320-34 Planning and design standards.

General standards to minimize adverse impacts. All subdivisions and land developments in the Conservation Design Overlay District shall avoid or minimize adverse impacts on the Township's natural, cultural and historic resources, as defined below. In addition, all subdivisions and land developments in the Conservation Design Overlay District shall allocate land to the greenway according to the prioritized list of resources to be conserved set forth in § 320-24A of this chapter.

Groundwater resources.

Groundwater resources are to be protected for purposes of providing water supplies for its residents and businesses, and to protect the base flow of the Township's surface waters. These regulations shall be applied in conjunction with those provided for in other sections of this chapter dealing with groundwater conservation and replenishment.

The proposed subdivision and land development of any tract shall be designed to cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table through careful planning of vegetation and land disturbance activities, and the placement of streets, buildings and other impervious surfaces in locations other than those identified on the existing resources and site analysis plan as having the greatest permeability where precipitation is most likely to infiltrate and recharge the groundwater.

Stream valleys, floodplain, wetlands, springs and lowland areas. The Township's Open Space Plan describes and maps stream valleys, floodplains, wetlands, springs and lowland areas as resources that warrant restrictive land use controls because of flooding hazards to human life and property, their groundwater recharge functions, their importance to water quality and the health of aquatic communities, and their wildlife habitats. They are generally poorly suited for on-site subsurface sewage disposal systems. Within these settings, the following activities shall be minimized:

Disturbance to streams and drainage swales.

Disturbance to year-round wetlands, areas with seasonally high water tables, and areas of surface water concentration.

Because of their extreme limitations, stream valleys, floodplain, wetlands, springs and lowland areas warrant designation as greenway land. Floodplain and wetlands must be included as greenway lands within a proposed conservation by design development project. In addition, within a conservation by design development project, adjoining lands buffering these features may be required to be included in the proposed greenway land. Any such inclusion shall be determined by an analysis of the protection requirements of such areas on a case-by-case basis. In certain instances, seasonal high-water table soils may be excluded from the greenway lands where it can be demonstrated that they are suitable for low-density residential uses and conventional on-site sewage systems.

Woodlands. Woodlands exist within the Township, often in association with stream valleys and wet areas, poor and erodible agricultural soils, and moderate to steep slopes. Woodland conditions vary with respect to species composition, age, stocking, and health. They range from relatively recent post-agricultural young stands to mature mixed-age forests.

Because of their resource value, all woodlands on any tract proposed for subdivision or land development shall be evaluated by the applicant to determine the extent to which such woodlands should be conserved. Within a conservation by design development project proposal, this evaluation shall assess whether the wooded area shall be designated partly or entirely as greenway lands or development lands. Evaluation criteria shall include:

Configuration and size.

Present conditions; i.e., stocking, health and species composition.

Site potential; i.e., the site's capabilities to support woodlands, based upon its topographic, soil and hydrologic characteristics.

Ecological functions; i.e., in protecting steep slopes, erodible soils, maintaining stream quality and providing for wildlife habitats.

Relationship to woodlands on adjoining and nearby properties and the potential for maintaining continuous woodland areas.

The evaluation of the tract's woodlands shall be undertaken by a qualified professional acceptable to the Township. This evaluation shall be submitted as a report and, for submissions subject to the conservation by design requirements of this chapter, shall made a part of the preliminary resource impact and conservation plan component of the preliminary plan application. At a minimum, the evaluation shall include mapping indicating boundaries and conditions of woodland areas accompanied by a report addressing the criteria in § 320-34D(1).

In designing a subdivision and land development plan for any tract, the applicant shall be guided by the following standards:

Healthy woodlands exceeding one acre shall be conserved. In conservation by design development projects, such woodlands shall also be designated as greenway land. Proposed site improvements shall be located, designed and constructed to minimize the loss or degradation of woodland areas.

Subdivisions shall be designed to preserve woodlands along roadways, property lines, and streams. Such lines and the native vegetation associated with them shall be preserved as buffers between adjacent properties and between areas being subdivided within a property. Preservation shall include ground, shrub, understory and canopy vegetation.

Disturbance or removal of woodlands occupying environmentally sensitive areas shall be undertaken only when approved by the Board and on a limited, selective basis to minimize the adverse impacts of such actions. This shall include, but not necessarily be limited to, vegetation performing important soil stabilizing functions on wet soils, stream banks and sloping lands.

No clearing or earth disturbance (except for soil analysis for proposed sewage disposal systems) shall be permitted within woodland areas of the site before the completion of subdivision and land development agreements. The determination of sight distance clearances along roadways shall be made graphically and not by clearing on-site prior to final plan approval.

Upland rural-agricultural areas. These areas comprise fields, pastures, meadows, and former agricultural areas in early stages of woodlands succession. These comprise the Township's historic working landscape, are dotted with historic houses, barns and other structures, and give the Township much of its rural character. They also contain the greatest concentration of prime agricultural soils. Because of their openness and high visibility, development in these areas is likely to be most readily seen and disruptive to the historic landscape. They sometimes provide habitat for wildlife in conjunction with nearby woodlands and stream valleys. Because of this intrinsic value, important and highly visible elements of these working landscapes shall be incorporated into the open space areas of the development as follows:

Class I, II and III agricultural soils and natural features which visually punctuate the landscape, such as hedgerows, tree copses, stone walls, and visually prominent places, such as knolls and hilltops, shall be incorporated into the open space areas of the development. Within conservation by design development projects, this standard shall be achieved by incorporating such agricultural soils and natural features into the designated greenway lands area of the project.

House sites shall be located on non-Class I, II and III agricultural soils and lower topographic settings where development will be visually less obtrusive. Any residential clusters in close proximity to highly visible locations within upland rural agricultural areas shall be located at the far edge of open fields to minimize the visual impact of the residential development on the rural-agricultural landscape.

Slopes. Moderately sloping lands and steeply sloping lands are prone to severe erosion if disturbed. Erosion and the resulting overland flow of soil sediments into streams, ponds and public roads are detrimental to water quality and aquatic life, and a potential hazard to public safety. Areas of steep slope shall be preserved as required below.

All grading and earthmoving on slopes exceeding 15% shall be minimized.

No site disturbance shall be allowed on slopes exceeding 25%. Within conservation by design development projects, slopes exceeding 25% shall be included in the designated greenway lands of the development.

On slopes of 15% to 25%, the only permitted grading, beyond the terms described above, shall be in conjunction with the siting of a single-family dwelling, its access driveway and the septic system (which shall be designed with a long, narrow drainage field following the land contours unless otherwise directed by the Township Sewage Enforcement Officer).

Grading or earthmoving on all sloping lands of 15% or greater shall not result in earth cuts or fills whose highest vertical dimension exceeds six feet, except where in the judgment of the Board no reasonable alternatives exist for construction of roads, drainage structures and other public improvements, in which case such vertical dimensions shall not exceed 12 feet. Roads and driveways shall follow the line of existing topography to minimize the required cut and fill. Finished slopes of all cuts and fills shall be as required to minimize disturbance of natural grades.

Significant natural areas and features. Natural areas containing rare or endangered plants and animals, as well as other features of natural significance, exist throughout the Township. Some of these have been carefully documented by the Statewide Natural Diversity Inventory and the county's Natural Areas Inventory, whereas for others, only their general locations are known. Subdivision applicants shall protect significant natural areas and features identified by the Township's Map of Potential Conservation Lands. In addition, for conservation by design development projects, these areas shall be identified on the applicant's existing resources and site analysis plan, as required in § 320-19B(12)(c), and shall be protected by incorporating them into proposed greenway lands and avoiding their disturbance in areas proposed for development.

Historic structures and sites. Many of the Township's historic structures and sites have been extensively researched and remain intact. Historic structures and the landscape associated with such structures shall be incorporated into the development proposal. For conservation by design development projects, such features shall be incorporated into the designated greenway lands of the development. In all cases, the conservation of historic structures and sites shall be subject to the following considerations:

Plans requiring subdivision and land development approval shall be designed to protect existing historic resources of all classes. The protection of an existing historic resource shall include the conservation of the landscape immediately associated with and significant to that resource to preserve its historic context. Where a plan will have an impact upon an historic resource, the developer shall mitigate that impact by modifying the design, relocating proposed lot lines, providing landscape buffers, or other approved means.

Municipal participation, review and approval of the applicant's interaction with the State Historical and Museum Commission with regard to the preservation of historic resources, as required for DEP approval of proposed sewage disposal systems, shall be required prior to final plan approval.

Trails.

When a subdivision or land development proposal is traversed by or abuts an existing trail customarily used by pedestrians and/or equestrians, the applicant shall include provisions for continued recreational use of the trail. Within conservation by design development projects, the trail shall be retained within the designated greenway lands of the development.

The applicant may alter the course of the trail within the tract for which development is proposed under the following conditions:

The points at which the trail enters and exits the tract remain unchanged.

The proposed alteration exhibits quality trail design according to generally accepted principles of landscape architecture (for example, Bureau of State Parks publication Non-Motorized Trails).

The proposed alteration does not coincide with a paved road intended for use by motorized vehicles.

When trails are intended for public or private use, they shall be protected by a permanent conservation easement on the properties on which they are located. The width of the protected area in which the trail is located should be a minimum of 10 feet. The language of the conservation easement shall be to the satisfaction of the Board upon recommendation of the Township Solicitor.

Within conservation by design development projects, the land area permanently designated for trails for public use may be credited toward the greenway land requirement described in Section 1403 of the Zoning Ordinance.[1]

Editor's Note: See Ch. 375, Zoning, adopted 3-3-2020.

An applicant may propose and develop new trails. For conservation by design development projects, the land area protected for said trail may be credited toward the open space requirement described in Section 1403 of the Zoning Ordinance[2] if said trail will be available for use by the general public and connects with an existing trail.

Editor's Note: See Ch. 375, Zoning, adopted 3-3-2020.

Trail improvements shall demonstrate adherence to principles of quality trail design.

Trails shall have a vertical clearance of no less than 10 feet.

(8)

Width of the trail surface may vary depending upon type of use to be accommodated, but in no case shall be less than three feet or greater than six feet.

(9)

No trail shall be designed with the intent to accommodate motorized vehicles.

§ 320-35 Dedication of land, or payment of fees in lieu thereof, for park, recreation, and open space use.

Purpose. The purpose of this section is to implement the Hamiltonban Township/Fairfield Borough Joint Recreation Plan of 2007, as specifically authorized by Section 503(11) of the Pennsylvania Municipalities Planning Code, Act 247 of 1968,[1] as amended.

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

General requirement. This section applies to residential subdivision and/or land development proposals that would result, either initially or cumulatively on a parent tract existing at the time of adoption of this section, in the development of five of more dwelling units.

Land dedication. Applicants subject to the requirements of this section shall dedicate to the Township land suitable for park and recreation use. The amount of land to be dedicated shall be 0.024 acres for every proposed dwelling unit. Land to be dedicated shall be identified on the preliminary plan and final plan submission where both preliminary plan and final plan submission is required. Where only final plan submission is required, the land to be dedicated shall be depicted on the final plan submission.

Quality of land to be dedicated. The land to be dedicated to the Township for parks and recreation purposes shall be suitable for the provision of parks and recreation facilities. The dedicated land shall comply with the following requirements:

The dedicated land shall not be located within any floodway.

No more than 10% of the dedicated land may include designated wetlands or hydric soils.

No more than 20% of the dedicated land may include slopes exceeding 8%.

The dedicated land shall not include any existing or proposed infrastructure facilities, including, but not limited to, stormwater management facilities, pump stations, utility or transmission line rights-of-way, or roads.

The dedicated land shall not include any area with confirmed or suspected environmental hazards, or other areas that may pose a health or safety concern.

The dedicated land shall not include land that contributes to any required setback, buffer, or other protection area that may be required by this chapter or any other Township ordinance.

The dedicated land shall meet the lot requirements of § 320-29 of this chapter. However, the dedication of land oriented in a flag or panhandle lot configuration shall not be authorized.

(8)

The dedicated land shall be located in a manner that furthers goals and objectives found in applicable state, county, regional, and adjoining municipal parks and open space planning, specifically to encourage the development of a regional parks, recreation, and open space network.

Improvement of land to be dedicated. Where parks and recreation land dedication is proposed, the land to be dedicated shall be improved in accordance with the following:

Recreation facilities required per dwelling unit.

Recreation facilities shall address recreation facility deficits as identified in the Hamiltonban Township/Fairfield Borough Joint Recreation Plan. The applicant shall provide recreation facilities in accordance with the following table:

Dwelling Units	Total Number of Recreation Facilities.
24 or fewer	0
25 to 49	1
50 to 75	2
76 to 99	3
100 to 199	4
200 to 299	5
300 to 399	6
400 or more	7, plus 1 additional facility for every 150 additional dwelling units beyond 400.

Recreation facilities shall include, but are not limited to, playground areas, basketball courts, volleyball courts, tennis courts, softball and/or baseball fields, soccer and/or football fields, and pavilions. The mix of recreation facilities shall be determined and approved by the Township Supervisors.

Recreation facilities shall be provided with safe and convenient access by pedestrian, bicycle, and automobile modes of transportation. The site shall be provided with appropriate means to allow for maintenance and/or emergency vehicle access. Where new recreation facilities are located adjacent to existing recreation facilities or other sites where the provision of recreation or open space facilities is likely in the future, a system of pedestrian/bicycle trails shall be provided to allow safe and convenient movement from one site to another.

Recreation facilities shall not be divided by either public or private streets.

Recreation facilities shall be suitably landscaped either by retaining existing vegetation and wooded areas and/or by a landscaping plan designed to enhance the facilities through the installation of plantings which are consistent with the purposes of this section.

Recreation facilities shall be conveniently accessible to the general public to improve the utility of the facilities and to promote use of the facilities by the residents. The recreation facilities shall also be located in a manner that respects the privacy needs of those existing or future residents who adjoin the site.

The construction of required recreation facilities shall be bonded in accordance with applicable posting of financial security requirements of this chapter.

Payment of recreation fee in lieu of land dedication. In lieu of dedicating park and recreation land to the Township, an applicant may choose to pay a recreation fee to the Township. The amount of the recreation fee shall be established on a per-dwelling-unit basis. The fee shall be established by resolution of the Township Supervisors as may be amended from time to time. The payment of recreation fees in lieu of land dedication shall meet the following requirements:

The Township shall administer the collected fees in accordance with the requirements set forth in Section 503(11) of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.

The applicant shall pay the required recreation fees prior to the approval and signature by the Township Supervisors of the final plan. Where a residential subdivision or land development plan is approved in phases, the applicant shall pay the required recreation fees prior to the approval and signature of each phase.

[Amended 5-19-2021 by Ord. No. 2021-05]

Combination of land dedication and payment of recreation fees. Nothing herein shall prevent an applicant from proposing a combination of park and recreation land dedication and payment of recreation fees to satisfy the requirements of this section. Where proposed, the combination of land dedication and payment of recreation fees shall meet the following requirements:

The combination of land dedication and payment of recreation fees shall result in an equivalent amount of park and recreation land provided for Township residents when compared to the amount of park and recreation land provided by the utilization of either the land dedication or the payment of recreation fees provision.

The amount of land to be dedicated shall continue to be of sufficient size to provide for necessary parks and recreation facilities or shall be combined with land already dedicated to the Township for parks and recreation use on an adjoining parcel.

The Township Supervisors shall determine, at their discretion, whether a proposed combination of land dedication and payment of recreation fees shall be approved.

§ 320-36 Development phasing.

All developments constructed in phases shall comply with the following requirements:

Site access. The phasing plan shall be designed to ensure that a minimum of two means of street access shall be provided to each phase of any development. Street access shall be deemed to include access from major, collector, and/or minor streets, but shall not be deemed to include access from alleys. The minimum two means of street access shall be improved to a usable condition, as determined by the Township, at such time that 50% or more of the properties, dwelling units, and/or nonresidential units, as the case may be, in each phase are occupied.

Infrastructure installation. Infrastructure to be installed in conjunction with or in support of proposed development shall comply with the following requirements:

Sewer and water service. Where expansion of sewer and/or water service capacity is necessary as a result of a proposed development, such capacity expansion shall be constructed and be operational prior to the occupation of the first property, dwelling unit, or nonresidential unit, as the case may be, of the first phase of the development.

Off-site improvements. Where the construction of off-site infrastructure or facilities are necessary in support of a proposed development and authorized in accordance with applicable Commonwealth of Pennsylvania law, such off-site infrastructure and/or facilities shall be constructed and be operational prior to the occupation of the first property, dwelling unit, or nonresidential unit, as the case may be, of the phase of the development which necessitates the installation of the required off-site infrastructure.