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Township of Halfmoon, PA
Centre County
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Table of Contents
Table of Contents
A. 
Design and improvements. The design and physical improvements to the property being subdivided shall be provided, constructed and installed by the subdivider as shown on the approved plan in accordance with the requirements of this chapter. If any provisions of this chapter are found to be unreasonable and cause undue and unnecessary hardship as they apply to this proposed subdivision, the Supervisors may waive or vary the strict terms of such provisions. The criteria for the Supervisors to apply in determining whether to waive or vary the strict application of a provision are as follows:
(1) 
That there exist special physical circumstances or conditions which render the strict application of the requirements an undue or unnecessary hardship.
(2) 
That the hardship created cannot be ameliorated by a reasonable change in plans.
(3) 
That the unnecessary or undue hardship has not been created by the applicant.
(4) 
That the waiver or varying of the strict terms of this chapter will not have the effect of nullifying the intent and purpose of this chapter.
(5) 
That the property cannot be reasonably developed without the waiver or the varying of the strict terms of this chapter.
(6) 
That the waiver or varying of the strict terms of this chapter will represent the minimum deviation that will afford relief and will represent the least modification possible of the regulations in issue.
B. 
Land requirements.
(1) 
All portions of a tract being subdivided shall be taken up in lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created.
(2) 
Reserve strips preventing access to lots, public rights-of-way, public lands or adjacent private lands are prohibited.
(3) 
Wherever possible, applicants shall preserve trees, groves, waterways, scenic points, historic spots and other community assets and landmarks.
(4) 
Subdivisions and land developments shall be laid out so as to avoid the necessity for excessive cut or fill.
(5) 
Land which the Board of Supervisors finds to be unsuitable for subdivision building purposes due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements or other features which will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the applicant and approved by the Supervisors, upon recommendation of the Municipal Planning Commission and Engineer, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses that shall not involve such a danger or incorporated into other suitable lots.
A. 
Relationship to other plans and ordinances. The location of all streets shall conform to the Official Map or Comprehensive Plan adopted by the Township.
B. 
Streets laid out in a subdivision shall be laid out and dedicated to the Township as public streets.
C. 
Streets shall be constructed to municipal standards upon approval of the preliminary plan or, if a final plan approval is granted prior to the completion of construction of all streets laid out in the plan, a form of financial security sufficient to cover the costs of any street improvements will be required, and shall be constructed to the extent that the subbase is in place to its design width prior to the issuance of the first zoning/building permit for any lot which fronts on said street.
D. 
Within one year of the subdivision approval for a subdivision, all roads must be completed and offered for public inspection and acceptance, unless excepted by action of the Supervisors. Prior to inspection, the applicant shall provide the Township with a maintenance bond, in the amount of 15% of the actual construction cost, guaranteeing the materials and workmanship of all aspects of the newly constructed street, including structural integration of said roads as well as their functioning in accordance with the design and specifications as depicted on the final plat for a period of 18 months from the date the street is accepted by the Township. The Township shall not be responsible nor accept any responsibility for maintenance of the street or any related facilities until the same have been officially accepted by resolution.
E. 
Construction of a public street shall be completed prior to the issuance of a zoning/building permit for the first lot in excess of 75% of the lots fronting on said street, or within one year from the date of final plan approval, whichever occurs first.
F. 
Residential streets shall be so laid out as to discourage through traffic.
G. 
The arrangement of streets shall provide for continuation of existing or recorded streets.
H. 
Streets shall be related appropriately to the topography and arranged so as to obtain usable building sites, with as many as possible located at or above the street grade.
I. 
Grades of streets shall conform as closely as possible to the original topography, and a combination of steep grades and curves shall be avoided.
J. 
Access to arterial streets. Where a subdivision or land development borders on or contains an existing or recorded arterial, access to the arterial street is prohibited if the land development/subdivision has access to a collector or local road. If no other access exists, the property owner must prove a PennDOT highway occupancy permit can be obtained for a proposed arterial access.
K. 
Access through adjacent municipalities. Whenever access to a subdivision or land development is required to cross land in another municipality, assurance shall be provided that such access shall be permitted by the adjacent municipality.
L. 
Slope along banks. Along streets, the slope of earthen banks, measured perpendicular to the street center line, shall be no steeper than a one-to-three vertical-horizontal measurement for fills and a one-to-two vertical-horizontal measurement for cuts.
M. 
Right-of-way and cartway widths. Right-of-way widths shall be as follows:
(1) 
Local: 50 feet.
(2) 
Collector: 50 feet.
(3) 
Arterial: 50 feet.
N. 
Street names, street signs and streetlights.
(1) 
Proposed streets which are obviously in alignment with others already existing and named shall bear the names of the existing streets.
(2) 
In no case shall the name of a proposed street duplicate or approximate phonetically existing or recorded street names in the Centre Region or approximate such names by the use of suffixes such as "lane," "way," "drive," "court" or "avenue."
(3) 
All street names shall be subject to the approval of the Board of Supervisors.
(4) 
All house numbers shall be assigned and approved by the Supervisors prior to filing the plan for final approval.
(5) 
Street signs. The applicant shall deposit with the Township, prior to final approval of a plan, a sum sufficient to cover the cost and installation of street signs required by the Township at all street intersections. Street signs which differ from the design of conventional municipal signs may be permitted, provided that the design and size are approved by the Township Board of Supervisors, all costs are born by the applicant and that such are installed prior to final approval of the plan.
(6) 
Streetlights. When deemed necessary by the Board of Supervisors for the promotion of public safety, the applicant shall cause to be installed by the current utility provider, at the applicant's expense, streetlights adequate for the area and type and intensity of use. Such installation shall be in accordance with a plan prepared by the applicant's engineer and approved by the current utility provider in consultation with the Township Engineer. The applicant shall be responsible for all costs involved in lighting the streets until such time that the streets are accepted as public streets by the Township.
O. 
Curbs and gutters. Curbs and gutters shall be installed along both sides of all streets when such are necessary to control runoff erosion, stabilize cartway edges, enhance public safety or continue an existing curb or gutter to the next intersection. No portion of the required cartway shall be covered with curbs or gutters. All curbs and gutters shall be constructed in accordance with PennDOT Publication 408, Section 630, plain cement concrete curb, or Section 640, plain cement concrete gutter, curb style to be approved by the Township Engineer.
P. 
Curbed public street widths shall be as follows:
Street Classification
No Parking
(feet)
Parking One Side
Parking Both Sides
Local
22
28 feet
34 feet
Collector
24
No parking permitted
No parking permitted
Arterial
28
No parking permitted
No parking permitted
Q. 
Uncurbed public street widths shall be as follows:
Street Classification
Cartway
(feet)
Shoulder Width
(No Parking)
Shoulder Width
(Parking One Side)
Shoulder Width
(Parking Both Sides)
Local
20
2 feet both sides (full depth stabilized)
2 feet (full depth stabilized) and 6 feet (full depth pavement)
6 feet both sides (full depth pavement)
Collector
24
2 feet both sides (full depth stabilized)
No parking permitted
No parking permitted
Arterial
28
6 feet both sides (full depth stabilized)
No parking permitted
No parking permitted
NOTES:
Full depth stabilized shoulder: 2A coarse aggregate equal depth of cartway pavement and subbase section with a surface application of bituminous prime coat at an application rate of 0.5gal/SY.
Full depth pavement shoulder: depth of subbase and pavement section to match cartway depth.
Shoulders are to be designed to daylight in accordance with PennDOT Publication 72M, Standards for Roadway Construction, RC-25.
R. 
Cul-de-sac widths shall be as follows:
(1) 
Right-of-way width: 60 feet.
(2) 
Cartway width: fifty-two-foot radius subgrade (graded, rolled and compacted), forty-eight-foot radius subbase (stoned road bed), paved cartway forty-five-foot radius with three-foot stone shoulder. An island with plantings, approved by the Planning Commission, may be created in the center of the cul-de-sac with a radius of 25 feet.
(3) 
Additional right-of-way and cartway widths may be required by the Board of Supervisors for the purpose of promoting the public safety and convenience or to provide additional parking in commercial and industrial areas and in areas of high-density residential development.
(4) 
Where a subdivision abuts an existing street with a right-of-way width less than that required herein, the subdivider shall expand such in an amount equal to one-half the difference between the existing right-of-way width and that required herein. Where a subdivision contains an existing street with a right-of-way width less than that required herein, the subdivider shall expand such equally on each side in an amount necessary to meet the standards contained herein.
S. 
The minimum length for any proposed street shall be 300 feet.
T. 
Grades.
(1) 
Center-line grades shall not exceed 10%.
(2) 
Exceptions. The maximum grade at any intersection or cul-de-sac turnaround shall not exceed 1%. Intersections shall be approached on all sides by a straight leveling area, the grade of which shall not exceed 2% within 50 feet of the intersection of the nearest right-of-way lines.
U. 
Approved dead-end fire apparatus access roads in excess of 150 feet.
(1) 
Temporary dead-end fire apparatus access roads in excess of 150 feet shall be provided with turnaround provisions in accordance with Township standards for a temporary cul-de-sac.
(2) 
Dead-end fire apparatus access roads in excess of 200 feet shall be provided with turnaround provisions in accordance with Township standards for a cul-de-sac.
(3) 
Any single-access subdivision or land development that serves an internal street shall be provided with a boulevard-type entrance. The boulevard-type entrance shall extend to the first intersection of the internal street system. The internal street system shall be looped such that there are two access points onto the boulevard access road. The width of the boulevard entrance is to include two sixteen-foot-wide cartways separated by a ten-foot median strip. The median may be either curbed or uncurbed. The island is to be landscaped.
V. 
Fire lanes.
(1) 
In commercial and industrial uses only:
(a) 
Fire access roads may be designated as fire lanes. The Fire Chief may designate driveways as fire lanes if the Code Official is in concurrence. Any request for designation of a driveway as a fire lane shall be approved by the Zoning Officer and the Township Roadmaster or Municipal Engineer.
(b) 
The minimum width of fire lanes shall be 20 feet if no hydrant or standpipe or water storage system, Fire Department apparatus/connection is present.
(c) 
The minimum width of fire lanes 100 feet prior to and after shall be 26 feet if a hydrant or standpipe or water storage system, Fire Department apparatus/connection is present.
(2) 
In residential developments, the minimum shoulder width shall be six feet for a length of 50 feet prior to and after a hydrant or standpipe or water storage system. This stretch shall be posted to indicate a fire lane.
W. 
Curves and sight distance.
(1) 
Whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves.
(2) 
The minimum center-line radius for horizontal curves shall be 225 feet for local streets, 375 feet for collector streets and 525 feet for arterial streets.
(3) 
The minimum length between reverse curves shall be 100 feet for local streets, 200 feet for collector streets and 350 feet for arterial streets.
X. 
Sight distance.
(1) 
At all changes of street grades where the algebraic difference exceeds 1%, vertical curves shall be provided to permit the following minimum sight distances at four feet above grade: local streets, 150 feet, and collector streets, 300 feet.
(2) 
At intersections, all earth banks and vegetation shall be cut and removed when such will impede vision between a height of 2 1/2 and 10 feet above the center-line grades of the intersecting streets and within an area bounded by the street right-of-way lines of such corner lots and a line joining points on these street right-of-way lines 25 feet from their intersection.
Y. 
Intersections.
(1) 
Streets shall intersect as nearly as possible at right angles.
(2) 
No more than two streets shall intersect at the same point.
(3) 
Wherever possible, local streets shall not intersect directly with arterial streets but shall be linked by means of a collector street.
(4) 
Wherever possible, intersections of two streets on opposite sides of a street shall be cross intersections. Any street intersecting with a local or collector street shall be located no closer than 200 feet from another street intersecting the same local or collector street, and any street intersecting with an arterial street shall not be located closer than 500 feet from another street intersecting the same arterial street, regardless of whether the two intersecting streets are on the same side or on opposite sides (except where the intersected street has an unbroken median barrier) of said local, collector or arterial street. Distances shall be measured from the center line of the two intersecting streets along the center line of said local, collector or arterial street.
Z. 
Culs-de-sac single access and dead-end streets.
(1) 
Dead-end streets are prohibited unless designed as permanent cul-de-sac streets or for future access to adjoining properties.
(2) 
The Board of Supervisors may require extension of a proposed cul-de-sac to permit access to adjacent property or to connect such street with an adjoining existing or proposed street.
(3) 
The use of such cul-de-sac shall be guaranteed to the public until such time as the street is extended. The plan shall note that land outside the normal street right-of-way shall revert to abutters whenever the street is continued.
(4) 
Length and grade.
(a) 
The maximum length of a dead-end fire apparatus access road (cul-de-sac) shall not exceed 750 feet.
(b) 
The length of dead-end fire apparatus access roads (culs-de-sac) may be extended to a length not to exceed 1,500 feet only if all structures on the access road in excess of 750 feet are provided with an approved automatic fire sprinkler system or cistern installed in accordance with the applicable NFPA standard. This exception shall only apply if a request for a waiver is made at time of preliminary plan submission and has been approved by the Municipal Planning Commission and the Board of Supervisors.
(c) 
The center-line grade on a cul-de-sac street shall not exceed 10%.
(d) 
The Board of Supervisors may require the reservations of easements sufficient to accommodate drainage facilities, pedestrian traffic or utilities from the cul-de-sac to adjoining lands.
(e) 
Single access streets. To assure access of emergency vehicles to residences served by single access street systems, including culs-de-sac, the distance a vehicle would need to travel along streets to which there are no alternative streets, as measured from the beginning of the single access system to any residential lot fronting on a public street within that system, shall not exceed 2,000 feet. In no case shall any single access street system serve more than 16 lots and/or residences, regardless of length.
(5) 
If located on a dead-end street wherein 16 houses are already located and there is an existing lot which the 1999 fire regulations would otherwise prevent access to, this lot shall be eligible for the grant of a waiver at the discretion of the Board of Supervisors, after application made in writing.
(a) 
Said application shall include:
[1] 
Evidence of fire suppression for such property in a form of an approved automatic fire sprinkler system, or cistern, or public water system with hydrant detailing the distance of the property from any cistern or public water system or hydrant;
[2] 
Such other proof of fire suppression as deemed accepted by the Board of Supervisors;
[3] 
A detailed plan of the property and the street involved, showing the fire suppression facilities available to the property, and in the case of a single access or dead-end street, showing all other properties having access to said street and providing distances from the property to the collector street and the overall distance of the dead-end street.
(b) 
Discretion of the Board. Any decision by the Board of Supervisors to grant or deny a request for waiver is at the complete discretion of the Board. In making that decision, the Board shall consider opinion of its Solicitor, Planning Commission, and the person in charge of the company or department having primary responsibility for firefighting in that location.
(c) 
The Board of Supervisors acknowledges there exists within the Township at least one public street, Tow Hill Road, which is nonconforming to the regulations pertaining to the number of existing lots on a single access street and length of such street.
(d) 
The Board may grant a waiver for existing lots along such nonconforming street, provided the application is in order as outlined above and provided the grant of the waiver shall not be detrimental to the public health and welfare.
AA. 
Paving.
(1) 
Streets must be surfaced to the grades and dimensions shown on the plans, profiles and cross sections approved by the Board of Supervisors. All streets intended to be dedicated for public use shall be paved to full cartway width, and paving materials and methods of construction for cartways and shoulders shall conform to municipal standards or applicable standards of the Pennsylvania Department of Transportation. Streets will be taken over and added to the municipal road log upon official action by the Board of Supervisors following inspection and approval by the Board and an engineer from the Pennsylvania Department of Transportation's Engineering District No. 2 Office. Streets will be eligible for inspection only after they have been in place for a minimum of one year. If rejected, said street(s) will be eligible for reinspection only after a period of one year has elapsed.
(2) 
Pavement shall be either rigid or flexible.
(a) 
Rigid pavement shall consist of eight-inch plain cement concrete over a prepared subbase; materials and construction to be in accordance with PA Publication 408, Section 500.
(b) 
Flexible pavement:
[1] 
Wearing course: asphalt superpave mixture, 9.5 mm, PG 64-22, wearing course, <0.3 million ESAL, 50 gyration, with a minimum depth of 1.5 inches.
[2] 
Base course: asphalt superpave mixture, 25.0 mm, PG 64-22, base course, <0.3 million ESAL, 50 gyration, with a minimum depth of four inches.
[3] 
Subbase: 2A coarse aggregate with a minimum depth of six inches.
[4] 
Prior to placement of the above pavement section, the subgrade is to be proofrolled with a fully loaded triaxle in the presence of the Township Engineer. Areas of excessive movement or otherwise found to be deficient shall be reworked by the contractor to the satisfaction of the Township Engineer. No phase may proceed until approval of the prior phase. (NOTE: Collector roadways, arterial roadways, and roadways with high traffic may be approved for a higher ESAL superpave mixture, provided that the supporting calculations justify the higher ESAL mix.)
(3) 
All property pins or monuments removed, destroyed or altered by construction shall be accurately replaced in accordance with the approved plan.
(4) 
After the street has been constructed and before such streets are dedicated, the earthen areas between the shoulders or curbs and the right-of-way line shall be finish graded and seeded with grass or other appropriate vegetation to prevent erosion.
BB. 
Sidewalks.
(1) 
Sidewalks may be installed within the right-of-way of all proposed streets.
(2) 
The minimum width of all sidewalks shall be five feet. There shall be a minimum five-foot-wide planting strip of grass between the curb or shoulder and the sidewalk. This planting strip may be used for the location of the underground utilities, streetlights, street signs and trees.
(3) 
The grades and paving of the sidewalks shall be continuous across driveways except in nonresidential and high-density residential developments and in certain other cases where heavy traffic volume dictates special treatment.
(4) 
The thickness and type of construction of all sidewalks shall be in accordance with the standards established by the municipality.
(5) 
Sidewalks shall be laterally pitched at a slope not less than 1/8 inch per foot to provide for adequate surface drainage.
(6) 
At corners and pedestrian street-crossing points, sidewalks shall be extended to the curbline with an adequate apron area for anticipated pedestrian traffic and curb cuts and ramps for wheelchairs designed in accordance with state standards.
(7) 
Sidewalks shall not exceed an 8% grade. Steps or a combination of steps and ramps shall be utilized to maintain the maximum grades, where necessary. Where sidewalk grades exceed 5%, a nonslip surface texture shall be used.
A. 
Length. Blocks shall have a minimum length of 300 feet and a maximum length of 1,500 feet.
B. 
Depth. Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse-frontage lots are required along an arterial street; or where prevented by the size, topographical conditions or other inherent conditions of property, in which case the Board of Supervisors may approve a single tier of lots.
C. 
Walkways.
(1) 
Walkways shall be required between adjacent residential streets in excess of 1,000 feet in length wherever necessary to facilitate pedestrian and bicycle circulation and to give access to community facilities such as schools and parks. Such walkways shall extend through the approximate center of the block.
(2) 
Such walkways shall have the right-of-way widths of not less than 10 feet and a sidewalk designed and constructed in accordance with § 215-16BB.
A. 
General.
(1) 
Lot lines. Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines.
(2) 
Municipal boundaries. Where practical, lot lines shall follow municipal boundaries rather than cross them.
(3) 
Residential lot depth. Generally, the depth of residential lots shall be not less than one nor more than 2 1/2 times their width.
(4) 
Lot drainage. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage plan for the area if adopted by the municipality.
B. 
Lot frontage and access.
(1) 
All lots shall have direct access to a public street.
(2) 
Double or reverse frontage. Double- or reverse-frontage lots shall be avoided except where required to prevent direct access to arterial streets or to overcome specific disadvantages of topography or orientation.
(3) 
Arterial streets. Where a lot abuts an arterial street and an existing local and/or collector street, access shall be from the local or collector street only. Where this chapter requires installation of a local, marginal access or other type of street parallel to an arterial street, all lots abutting such local, marginal access or other type shall derive access solely therefrom.
C. 
Zoning requirements. Lot dimensions and areas shall be not less than specified by the provisions of Chapter 255, Zoning, unless a variance is first granted under provisions of said chapter. No parcel may be subdivided which will create a nonconforming lot or building setback. No parcel may be subdivided which would require, for building purposes, encroachment into floodplains or steep slopes in order to meet other requirements of Chapter 255, Zoning.
All proposed sanitary sewage disposal systems shall comply with applicable rules and regulations of the Pennsylvania Department of Environmental Protection and Centre Region Growth Boundary and Sewer Service Area Implementation Agreement adopted by the Township as Ordinance No. 2013-20 on December 17, 2013.
A. 
All lots to be subdivided shall have a minimum of two suitable septic sites on each lot, which shall be reviewed and approved by the Township's Sewage Enforcement Officer.
A. 
Purpose. The purpose of this section is to protect the quality of the groundwater resources of the Spring and Spruce Creek Watersheds. Within the Township, groundwater supplies 100% of the public and private water use. Pennsylvania has no regulations at the time of this section's adoption requiring the proper construction of most wells or boreholes, and their improper construction can provide short-circuit flow pathways for surface and subsurface contaminants to impact groundwater quality. This section sets forth standards for the construction of wells and boreholes that are not otherwise regulated.
B. 
Scope. The scope of this section applies to the construction, modification, alteration, termination, and abandonment of all wells and boreholes that penetrate more than 20 feet below grade (hereinafter "wells and/or boreholes"), including but not limited to domestic water-supply wells, geothermal heat system wells and/or boreholes, geotechnical borings, test borings, agricultural wells, irrigation wells, commercial wells, industrial wells, etc. The proper sealing of wells and boreholes using approved grout is a critical element of this section. The following are exempt from this section:
(1) 
Wells and/or boreholes associated with water supply wells for public water systems (defined by the Pennsylvania Department of Environmental Protection as consisting of at least 15 service connections or regularly serving no fewer than 25 individuals daily at least 60 days out of the year). These systems are to be permitted and approved by the Pennsylvania Department of Environmental Protection.
(2) 
Horizontal geothermal heat exchangers constructed in pits, trenches, ditches, or in horizontal directional borings.
(3) 
Monitoring wells whose construction and operation is overseen by the Pennsylvania Department of Environmental Protection.
(4) 
Borings/boreholes (such as shot holes, exploratory borings, etc.) at a mining site associated with mining activities whose construction and operation are overseen by the Pennsylvania Department of Environmental Protection.
(5) 
Utility trenches.
(6) 
Foundations, pilings, and other soil and/or bedrock penetrations which are an integral part of building construction.
(7) 
Normal routine maintenance and minor repairs to keep a well or borehole in good working order.
(8) 
Wells that are completed and fully operational as of the effective date of this section.
C. 
Permits.
(1) 
Permit required. No person, firm, or corporation shall make a penetration of soil and/or rock that is augered, drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed that is regulated by this Code until a drilling permit has been issued by the Code Official.
(2) 
Permit application. Applications for permits shall be made to the Centre Region Code Administration Office on forms furnished by said office.
(3) 
Fees. The drilling permit fee shall be established by resolution of the municipality.
(4) 
Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
(5) 
Action on application. The Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of this Code, the Building Official shall reject such application in writing, stating the reasons therefor. If the Building Official is satisfied that the proposed work conforms to the requirements of this Code and laws and ordinances applicable thereto, the Building Official shall issue a permit therefor as soon as practicable.
(6) 
Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
(7) 
Validity of permit. The issuance or granting of a drilling permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any other ordinance of the jurisdiction. Drilling permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the jurisdiction shall not be valid. The issuance of a drilling permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this Code or of any other ordinances of this jurisdiction.
(8) 
Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
(9) 
Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this Code.
(10) 
Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project.
(11) 
Time. The Building Code Official shall grant or deny a permit application, in whole or in part, within 15 business days of the filing date for permits associated with one- and two-family dwellings and within 30 business days of the filing date for permits associated with other systems. Reasons for denial shall be in writing and given to the applicant. The Building Code Official and the permit applicant may agree to extend the deadline by a specific number of days.
(12) 
Stamp. The Building Code Official shall stamp or place a notation on each page of the set of reviewed construction documents that the documents were reviewed and approved for compliance with this Code before the permit is issued. The Building Code Official shall clearly mark any required nondesign changes on the construction documents. The Building Code Official shall return a set of the construction documents with this notation and any required changes to the applicant. The permit holder shall keep a copy of the construction documents at the work site open to inspection by the Building Code Official.
(13) 
Inspection. The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
(14) 
Right of entry. Where it is necessary to make an inspection to enforce the provisions of this Code, or whenever the Code Official has reasonable cause to believe that there exists upon a premises a condition in violation of this Code, the Code Official is authorized to enter the premises at reasonable times to inspect or perform the duties imposed by this Code, subject to applicable laws, provided that if such premises is occupied, the Code Official shall present credentials to the occupant and request entry. If such premises are unoccupied, the Code Official shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry. If entry is refused, the Code Official shall have recourse to the remedies provided by law to secure entry.
D. 
Submittal documents.
(1) 
General. Submittal documents consisting of construction documents, statement of special inspections, and other data shall be submitted in two or more sets with each drilling permit application. The construction documents shall be prepared by a registered design professional where construction is not associated with one- and two-family dwellings. Where special conditions exist, the Building Official is authorized to require additional construction documents to be prepared by a registered design professional.
(2) 
Construction documents. Construction documents shall be in accordance with Subsection D(3) and (4).
(3) 
Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and relevant laws, ordinances, rules and regulations, as determined by the Building Official.
(4) 
Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new well construction, proposed buildings, existing and proposed on-lot sewage treatment systems, and existing structures on the site, distances from lot lines, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition or abandonment, the site plan shall show construction to be demolished or abandoned and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
(5) 
Examination of documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this Code and other pertinent laws or ordinances.
(6) 
Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
E. 
Water supply well and borehole location.
(1) 
Minimum water supply well depth. The source of supply for a water supply well shall be from a water-bearing formation drawn not less than 20 feet from the ground surface. Wells shall be located at a point free from flooding and may not be located within a FEMA FIRM floodplain unless conforming to the requirements below; and shall be at a higher elevation and at the minimum setback distances to existing or potential sources of pollution set forth in this section.
(a) 
Water supply well construction in a floodplain. If a well is proposed to be located within a floodplain, then the well application must include a letter from a registered professional engineer in the Commonwealth of Pennsylvania documenting why the necessity of placement of the well within the floodplain, the documented height of the 100-year flood level, and what mitigation measures, including but not limited to the extension of the casing above the elevation of the 100-year flood elevation, are to be used to mitigate the contamination hazard.
(b) 
Minimum setback distance. Wells and boreholes regulated by this section shall be located using the minimum setback distances to existing or potential sources of pollution listed in Table 1. For closed-loop geothermal wells and boreholes which due to infeasibility cannot conform to the requirements of Table 1, an appeal to the Township Official can be made detailing the infeasibility and the proposed location. Upon review, the Township may reduce the required setback distances. No reduction from any type of sewage-related facility shall be made.
Table 1. Minimum Well and Borehole Setback Distances
Setback From
Potable Water Supply Well, Borehole, Geothermal Supply and Geothermal Return Well
(feet)
Lakes, ponds, streams or other surface waters
25
Storm drains, retention basins, stabilization ponds or stormwater management facilities
10
Preparation area or storage area of hazardous spray materials, fertilizers or chemicals, salt piles
100
Gravity sewer lines and drains carrying domestic sewage or industrial waste
50
Existing water and forced sewer buried utilities and/or utility trenches
Outside existing easement or, if no easement exists, no less than 15 feet from the utility or trench center line
Septic tanks, aerobic tanks or holding tanks
50
Subsurface sewage disposal systems, elevated sand mounds, other sewage disposal fields
100
Sewage seepage pits, cesspools, privies
100
Farm silos, barnyards, and fuel tanks
100
Rainwater pits, ditches
25
Spray irrigation sites, sewage sludge and septage disposal sites
100
Dedicated public right-of-way
20
Building foundations (except for buildings enclosing water wells and/or water well pumps and any other source of pollution as approved)
30
F. 
Water supply well construction requirements.
(1) 
Casing.
(a) 
All wells supplying individual or semipublic potable water supplies shall be equipped with watertight and durable casing constructed of listed material and minimum wall thickness:
[1] 
Wrought iron: 0.1875 inch.
[2] 
Steel: 0.1875 inch.
(b) 
All wells supplying open-loop geothermal heating and/or cooling systems and all wells for the return and recharge of geothermal heating and cooling system discharge shall use wrought iron or steel as designated above, or PVC with watertight and durable casing constructed of listed material and minimum wall thickness for polyvinyl chloride (PVC) plastic of 0.175 inch.
[1] 
Joining. The sections of casing shall be joined together by threaded couplings, or full circumferential welding for ferrous materials, and threaded couplings or solvent welding in accordance with ANSI/NSF Standard 14 for PVC. Other nonferrous casing joining must meet AWWA Standard A100.
[2] 
Minimum depth. The casing shall be carried to a minimum depth of 50 feet and grouted in place.
[3] 
Grouting. Casing and grouting must be compatible. Pressure grouting is required for all wells by running tremie pipe to bottom of the annular space outside the casing.
[4] 
Minimum borehole diameter. The borehole should be three inches larger in diameter than the outside diameter of casing to allow for a minimum of 1 1/2 inches of annular space for grout placement.
[5] 
Minimum extension above grade. Casing shall extend at least 12 inches above ground surface. The casing may be terminated below grade if located within a box-type enclosure with an access lid such as a small meter vault. In such cases, the casing shall be at least 12 inches above the vault floor.
Exception: Airtight and watertight sealed closed-loop return wells can be direct buried.
[6] 
Ferrous casing. Ferrous casing shall be new pipe meeting ASTM or API specifications for water supply well construction. It shall be equipped with a drive shoe or other effective casing seal and have full circumference welds or threaded pipe joints.
[7] 
Nonferrous casing. Nonferrous casing shall meet appropriate ANSI, ASTM or NSF standards for water well casing applications. It shall not be driven.
(2) 
Grouting. An annular space shall be provided between the well casing and the earth formation. The annular space shall be completely filled with approved grout materials in one continuous operation under pressure from a minimum depth of 50 feet below grade to the natural ground surface within 24 hours of completion of drilling. No activity in and around the well shall occur within 24 hours after grouting of the casing with neat cement or cement with bentonite and using a curing accelerant, or within 1/2 hour if using bentonite. In the event that grouting is done following completion of all drilling operations, all obstructions must be completely cleared prior to placement of grout material.
(a) 
Pitless adaptor. During the installation of a pitless adaptor, grout material may be removed from the exterior of the casing in order to provide a watertight seal between the casing and this adaptor. For the installation of a pitless adaptor, a ditch at least three feet deep is required, along with conduits, stone, dust or sand. A sanitary well cap shall be incorporated for protection from leakage and identification of the well respectively.
(b) 
Geothermal. Geothermal heating and/or cooling system vertical heat exchange boreholes containing loop pipes may be filled with approved grout or bridging or fill materials from their total depth up to a minimum depth of 50 feet below grade. These vertical heat exchange boreholes must be filled with only approved grout from a minimum depth of 50 feet below grade up to the ground surface. If the annular space around the loop pipes from a minimum depth of 50 feet below grade up to the ground surface is free from standing water, the approved grout may be emplaced without pressure pumping through a tremie pipe.
(3) 
Packer. Packers, when used, shall be of material that will not impart adverse taste, odor, toxic substances or bacterial contamination to the well water.
(4) 
Pitless installations. Pitless installations are those where the casing terminates above the ground surface or below grade as specified above. Where used, they shall be effectively sealed. All buried suction lines shall be encased. The access casing shall be protected against corrosion and shall extend at least 12 inches above the natural ground surface and to a depth of at least 50 feet below the ground surface. Pitless adaptors cannot be installed through a ferrous casing by cutting the hole with a torch or flame, but must be installed by using a hole saw or drill to make the hole through the ferrous casing.
(5) 
Well screens. Well screens shall provide maximum amount of open area while still maintaining structural strength. They shall have the size of openings based on a sieve analysis to preclude entry by sand, silt, and other undesirable elements.
(6) 
Well cap. All installations shall install a secure, screened, varmint-free sanitary well cap on all wells to prevent any surface pollutants from entering the well or any vandalism to the well or aquifer. In the event of a flowing well, the well cap must stop overflow from the well. Casing terminated below grade shall have a sanitary well cap installed.
(7) 
Venting. Where venting is required, an overlapping cover or pipe with an opening facing downward shall be required. In no case shall openings be less than 12 inches above the ground.
(8) 
Monitoring wells. Monitoring wells shall be designed and installed such as to minimize potential contamination of the aquifer and to maximize the information obtained from each such well.
(9) 
Heat pumps. Heat pump (geothermal) installations shall be designed and constructed to provide an effective watertight seal with the well casing or water storage reservoir and to prevent contamination from reaching the water chamber or interior pump surfaces. In closed-loop systems, boreholes must be grouted from a minimum depth of 50 feet below grade to the ground surface with an approved grout. Open-loop systems must conform to same requirements as water wells.
(10) 
Power pump installations. The pump base installed directly over a well casing or pipe sleeve shall be designed to provide a watertight seal. It shall be located in a flood-free area. The pump and related equipment shall permit convenient access, removal, maintenance and repair. The suction opening shall be placed at least two feet below the maximum drawdown of the water in the well. The suction opening shall also be located at a sufficient distance from the bottom of the well so as to prevent agitation of accumulated sediment.
(11) 
Abandoned water supplies. Existing wells that are to be abandoned shall be mitigated in accordance with the specifications below.
(a) 
Drilled wells. Drilled wells shall be filled and sealed by approved grout.
(b) 
Hand-dug wells. Hand-dug wells shall be filled with stone to within four feet of the top of the well, then filled with compacted earth to ground level.
(c) 
Dry wells. Dry wells being abandoned must be filled with stone and the top 50 feet filled with approved grout; however, the top two feet (609.6 millimeters) may be covered with topsoil.
(12) 
Disinfection. Following completion of construction, the well shall be pumped continuously until the water discharge is clear. It shall be filled with water containing concentration of not less than 100 parts per million of free chlorine. A portion of this solution shall be recirculated directly to the well in order to ensure proper agitation. The water shall not be used for a period of 24 hours. Other combinations of water and chlorine concentration and time interval may be used if demonstrated equally effective to the municipal official. Disposal of the purged water shall be at a point so as to minimize adverse effects to aquatic life and in no way directed into any subsurface sewage disposal system.
(a) 
One ounce of dry calcium hypochlorite dissolved in 52.5 gallons of water makes the proper-strength disinfectant solution. Household bleach may be used for disinfection as given in Table 2.
(13) 
Cross-connections. All check valves and backflow protection shall be properly installed. Backflow protectors must be incorporated into the system and be used as needed for each outside water hose connectors. At a minimum, two check valves shall be incorporated into each water system that derives water from a well.
(a) 
Exception: Where not practical, a cross-connection prevention assembly shall be provided. For semi-public water supplies, the cross-connection prevention assembly device shall be installed at any fixed potable water outlet to which a hose may be connected.
(14) 
Testing. The assembled loop system shall be pressure tested with water at 100 psi for 30 minutes with no observed leaks before connection (header) trenches are backfilled. Flow rates and pressure drops shall be compared to calculated values. If actual flow rate or pressure drop figures differ from calculated values by more than 10%, the problem shall be identified and corrected.
(15) 
Completion report. Upon completion of the well or borehole, submit two copies of DCNR's water well completion report form 8700-FMTG-5001S, as may be amended, to the Township and one copy of this form to the owner. If a geothermal well is constructed, a report shall be filed with the municipality by the driller indicating the well was constructed in accordance with this section.
(16) 
Yield test. The application for a zoning permit shall also contain a statement from the well driller or developer that the well yield has been evaluated by a qualified individual and the yield of the well has been found to be suitable for the proposed use. The well yield will be reported in gallons/minute and one copy will be provided to the owner and one copy to the Township. If special measures (such as system storage, flow restrictors, etc.) are required in order to accommodate a low-yielding well, the application for zoning permit shall describe in detail how the deficient well yield is to be addressed.
G. 
Water quality testing.
(1) 
A water supply test will be provided for each lot prior to occupancy. The developer shall include the results of water quality analyses by a Pennsylvania Department of Environmental Protection certified laboratory for total coliform bacteria, E. coli, nitrate nitrogen, total dissolved solids, sulfate, pH and iron in accordance with the recommendations of PSU Cooperative Extension Water Testing Factsheet F104 (Addendum I), or its equivalent. If the water quality analytical result does not meet the Safe Drinking Water Act Maximum Contaminant Level for any parameter, the application for zoning permit shall indicate how the defect in water quality is to be addressed. One copy of the water quality analysis will be provided to the owner and one copy to the Township.
(2) 
Where more than four wells are proposed for any residential, commercial and/or industrial subdivision and/or land development, a preliminary hydrogeologic assessment must be provided to the Township as part of the preliminary approval process. The preliminary hydrogeologic assessment shall bear the signature and seal of a Registered Pennsylvania Professional Geologist in accordance with PA Act 367[1] and in accordance with PA DEP Policy No. 012-2000-001. The preliminary hydrogeologic assessment shall address the availability of reliable, safe and adequate water supplies to support the intended land uses within the capacity of available water resources, and shall also address existing and proposed land use as related to water resources in the vicinity of the proposed residential subdivision.
[1]
Editor's Note: See 63 P.S. § 148 et seq.
(3) 
The preliminary hydrogeologic assessment shall consist of an assessment of water resources suitability, based upon existing, available information. No new well construction and no water quality analyses are required for the preliminary hydrogeologic assessment.
(4) 
The professional geologist that submits the study shall render a professional opinion whether existing water resources have the capacity to support the intended use.
(5) 
If the results of the preliminary hydrogeologic assessment are equivocal, or if potentially adverse water resource conditions may exist at the proposed residential, commercial and/or industrial subdivision and/or land development, or if the Township has any reason to believe that existing water resources may not have the capacity to support the intended use, the Township may require a detailed hydrogeologic investigation as part of the preliminary approval process. The detailed hydrogeologic investigation may include the construction and testing of wells, water quality analyses, and/or other components at the discretion of the Township on a case-by-case basis.
(6) 
The Township shall consider the results of a favorable preliminary hydrogeologic assessment in deciding whether to grant preliminary approval for the residential, commercial, and/or industrial subdivision/land development.
(7) 
Any proposed subdivision/land developments that will provide water service to 15 or more dwellings or potable water service to more than 24 persons for at least 60 calendar days in any year shall be required to be served by a public water supply system that has been permitted and approved by the Pennsylvania Department of Environmental Protection.
Table 2. Volume of Chlorine Bleach for Shock Chlorination of Wells and Springs
Water Depth
(feet)
Well Diameter
(Cups*)
6 inches
8 inches
10 inches
24 inches
32 inches
36 inches
10
1
1
2
12
16
24
20
1
2
4
20
32
40
30
2
4
6
40
2
4
8
60
4
6
12
80
4
8
14
100
6
10
16
150
10
16
Note:
*
Cup (c) is defined as eight liquid ounces.
H. 
Borehole construction requirements.
(1) 
Cased boreholes. If casing is to be left in place permanently, then the boring shall conform to the requirements for water supply wells stated in Subsection F.
(2) 
Noncased boreholes. If no casing is utilized, then the boring shall be grouted using approved grout for not less than 50 feet below grade.
(3) 
Temporary casing. If a temporary casing is removed or retracted, this shall be accomplished immediately after grout has been placed or else before the grout has hardened or cured.
(4) 
Construction standard. All materials and construction practices shall conform to the requirements stated in closed-loop/geothermal heat pump systems design and installation standards, such as, but not limited to, standards for pressure testing, heat transfer fluids, etc. All materials and construction practices shall effectively prevent contamination of groundwater.
(5) 
The assembled loop system shall be pressure tested with water at 100 psi for 30 minutes with no observed leaks before connection (header) trenches are backfilled. Flow rates and pressure drops shall be compared to calculated values. If actual flow rate or pressure drop figures differ from calculated values by more than 10%, the problem shall be identified and corrected.
I. 
Major alterations.
(1) 
General. When major alterations are made to wells and boreholes regulated by this Code, these alterations shall conform to Subsections F and G with the following modifications.
(a) 
Existing nongrouted wells and boreholes. If major alterations are made to an existing well or boring which is not grouted with an approved grout, then the following measures may be taken in lieu of the grouting requirements of Subsections F and G.
[1] 
Remove soil from the uppermost two feet of the casing to a diameter of no less than one foot (304.8 mm) outside the existing casing.
[2] 
Fill the exposed annular space with an approved grout to grade.
[3] 
Place a compacted earth mound around the well casing. The compacted earth mound shall be no less than six inches high and shall extend no less than one foot away from the casing in all directions. The purpose of the compacted earth mound is to divert surface water away from the well so the compacted earth mound shall be nonerodible.
[4] 
This exception applies only to wells and/or borings that were in existence prior to the effective date of this section.
J. 
Cross-connections.
(1) 
General. Cross-connections between an individual or semipublic water supply and a public water system shall be prohibited.
K. 
Disclaimer.
(1) 
General. Approval of application and issuance of a permit for a well and/or boring on the property does not constitute any guarantee or warranty by the municipality regarding quantity or quality of water that may be obtained as a result of any well drilled under this permit. The approved permit solely provides the approval to drill a well and/or boring at the site shown on the application, and does not provide any other guarantees, approval, or warranties.
A. 
Utility easements. In subdivisions containing five or more lots, all electric, telephone and cable television utility lines shall be placed underground. All utilities shall be installed in accord with the policies of the utility companies.
(1) 
Utility easements outside street rights-of-way shall be a minimum of 15 feet in width or as otherwise determined by the appropriate utility company, except that easements lying parallel and abutting street rights-of-way may be reduced to a minimum width of 7 1/2 feet. All other easements outside street rights-of-way shall be centered on or adjacent to rear or side lot lines, where feasible.
(2) 
Lines connecting utility service to each lot shall be installed in accordance with the standards of the utility company providing such service.
(3) 
No structures or trees shall be placed or planted within a utility easement.
B. 
Drainage easements.
(1) 
Overland drainage ways (natural and/or man-made).
(a) 
Intent and purpose. It is the intent of this subsection to preserve and reserve natural drainageways as established by the natural overland flow of water. This subsection shall provide for the continuous overland flow of water without disruption or interruption by man-made residential or nonresidential structures. Examples of prohibited structures include, but are not limited to, the following: houses, barns, sheds, shanties, trailers, silos, etc.
(b) 
Watersheds. All watersheds having an area of four or more acres shall be subject to the provisions of this subsection. Watersheds shall be defined as follows:
[1] 
Continuous stream: denoted as a solid blue line on U.S.G.S. topographic mapping.
[2] 
Intermittent stream: denoted as a blue line with three dots on U.S.G.S. topographic mapping.
[3] 
Other watersheds: any watershed area not described in Subsection B(1)(b)[1] and [2] above but which contains a watershed area of four acres or larger.
(c) 
Drainage easement width.
[1] 
The minimum drainage easement width around a permanent stream or intermittent stream, as denoted on U.S.G.S. mapping, shall be the minimum elevation required to provide for a cross-sectional area, within the drainage path, meeting the requirements of the table below:
Basin Area
(square miles)
Required Cross-Sectional Area
(square feet)
0 to 2
200
2 to 5
400
More than 5
750
[2] 
A watershed drainage easement must be at least 50 feet in total width with the center of the drainage easement being no less than 25 feet from the edge of the easement.
[3] 
A watershed drainage easement for any drainage path mapped as intermittent or a continuous flowing stream must be at least 100 feet in total width with the center of the drainage easement being no less than 50 feet from the edge of the easement.
(2) 
Stormwater sewer.
(a) 
Drainage easement widths. Stormwater sewer drainage easements must be at least 20 feet in total width with the center of the drainage easement being no less than 10 feet from the edge of the easement.
(3) 
General.
(a) 
All drainage easements shall be drawn on all subdivision or land development plans using two-foot contours for the entire width of the required easements plus 50 feet on either side of the easement.
(b) 
No residential or nonresidential structures may be built in drainage easements. Examples of structures are as follows: house, barns, sheds, shanties, trailers, silos, fences or other structures that, in the opinion of the Township Engineer, would impede or inappropriately redirect stormwater runoff.
(c) 
No fill can be added to the drainage easements without the express approval of the Township Engineer.
(d) 
Property owners shall seed drainage easements after construction where necessary to prevent erosion and sedimentation.
(e) 
Any area designated as a drainage easement pursuant to this subsection may be considered as meadowland, regardless of actual land condition, in making calculations relating to the stormwater management design for an applicant's subdivision or land development.
(f) 
A registered professional engineer or registered professional surveyor must certify the drainage path and contours as shown on the plan(s) submitted to the Township.
(g) 
Landowners may request to be exempted from the requirements of this subsection by the process of a modification request. This modification request must be approved by the Township Engineer and a majority of the Board of Supervisors.
(h) 
Existing parcels created before the enactment of this subsection shall be subject to this chapter.
A. 
All monuments and markers required herein shall be accurately placed by a professional land surveyor prior to final approval of the plan.
B. 
Monuments shall be made to store piles or by setting stone or by setting a four-inch cast-iron or steel pipe. They must be set so that the top is level with the finished grade of the surrounding ground and marked on top with a securely embedded copper or brass dowel or other approved material, scored to coincide exactly with the point of intersection of the lines being monumented.
C. 
Monuments shall be placed at the following points along street rights-of-way: on corners of each intersection, at changes in direction of street lines (excluding curb arcs), at the beginning and end of curves and at intermediate points wherever topographical or other conditions make it impossible to site between two otherwise required monuments. Land to be conveyed for public use shall be monumented at similar locations along its external boundary.
A. 
Erosion and sedimentation control plans. Whenever earthmoving activities are proposed for a subdivision or land development which requires preparation of an erosion and sedimentation control plan under the rules and regulations of the Pennsylvania Department of Environmental Protection, the Board of Supervisors may require that a copy of such plan be submitted along with the plan submitted for preliminary approval. Review and approval of such erosion and sedimentation control plan by the Department of Environmental Protection or its designated agent shall, in such cases, be required for preliminary approval of the plan.
B. 
Grading.
(1) 
Blocks and lots shall be graded to secure proper drainage away from buildings. Alterations to existing storm runoff patterns and amounts shall conform to provisions of Chapter 200, Stormwater Management. Whenever any lot requires alteration of natural grade slope by more than 1%, in areas of the lot beyond the normal excavation and backfill for building construction, a grading plan drawn with one-foot contours showing the natural and finished grades of those areas which will be disturbed by grading shall be submitted with the application for a building permit.
(2) 
No excavation shall be made resulting in a slope steeper than 1:2 vertical-horizontal, and no fill shall be made resulting in a slope steeper than 1:3 vertical-horizontal.
(3) 
The Centre County Conservation District shall review all methods and materials used for such cut and fill operations and shall affirm that such deviation from the slope standard will not result in erosion, sedimentation or injury to persons or damage to adjacent property.
(4) 
In all cases, the top edge of excavations or the bottom edge of fill shall be a minimum of five feet from property lines of developed lots.
In addition to the use and area/bulk regulations contained in Chapter 255, Zoning, Article III, Agricultural District, the following design standards shall apply to rural preservation developments.
A. 
The total number of dwelling units permitted to be developed within a rural preservation district will be established by using the following methodology.
(1) 
An informal plan must be submitted to the Township illustrating salient existing features of the subject tract, its surroundings and the general layout of a subdivision using lots of one acre or greater. This informal plan must provide a public road network to serve this development.
(2) 
The sewage disposal capacity of the tract shall be determined by identifying one acceptable soil profile excavation for an individual on-lot septic system for each lot in this informal plan.
(3) 
The informal plan shall illustrate the extent and location of environmentally sensitive areas and other conservation areas.
(a) 
Environmentally sensitive areas will include:
[1] 
Identified wetlands as shown on NWI (National Wetlands Inventory) mapping and/or identified by field studies;
[2] 
100-year floodplains shown on the official FEMA maps;
[3] 
Continuous streams (denoted as a solid blue line on U.S.G.S. topographic mapping) and intermittent streams (denoted as a blue line with three dots on U.S.G.S. topographic mapping) with with riparian buffers as required by Riparian Buffer Zoning Overlay;
[4] 
Land with slopes of 25% or greater;
[5] 
Sinkholes with 100-foot radius around defined upper edge;
[6] 
Wellhead protection zones for existing wells with a minimum 100-foot radius from center point of the well or the minimum distance required by state and federal law, whichever is greater;
[7] 
Land under permanent easement prohibiting future development, including utility easements.
(b) 
Other conservation areas shall include:
[1] 
Land identified within the Centre County Natural Heritage Inventory;
[2] 
Resources identified in the Historic Resources of the Centre Region Report by the Pennsylvania Historic and Museum Commission;
[3] 
Mature forest land;
[4] 
Shelterbelts and hedgerows;
[5] 
Hydric soils that are not jurisdictional wetlands;
[6] 
Class I and II soils as identified in the Soil Survey of Centre County 1981;
[7] 
Unpaved rights-of-way such as forest roads, farm roads, walking and biking trails, and railroads.
[8] 
Agricultural conservation easements purchased by the state and/or county under the Agricultural Area Security Law Act of 1981, P.L. 128, No. 43, as amended,[1] and Act 153[2] land. For example, if the state or county purchases an agricultural conservation easement and subdivides off only a portion of a landowner's land, the landowner may count the subdivided portion as open land to satisfy open land requirements for the land to be developed.
[1]
Editor's Note: See 3 P.S. § 901 et seq.
[2]
Editor's Note: See 68 Pa.C.S.A. § 2101 et seq.
B. 
The layout of the informal plan shall be completed to minimize impacts on the above areas, with priority given to the environmentally sensitive areas over the other conservation areas.
C. 
The applicant shall be given credit for each lot one acre or greater contained in the informal plan that contains one acceptable soil profile excavation for an individual on-lot septic system. The total number of lots containing an acceptable soil profile will determine the number of dwelling units permitted for this tract using rural preservation development standards.
D. 
Streets and driveways.
(1) 
Streets: All lots shall have frontage on a public street.
(2) 
Driveways: All driveways shall comply with the Driveway Ordinance.[3]
[3]
Editor's Note: See Ch. 112, Driveways.
E. 
Public sewer service may be provided to an RPD development only if it is located within the Future Sewer Service Area identified in the Centre Region Act 537 Sewage Facilities Plan.
F. 
Public water may be provided with approval of the Board of Supervisors and the applicable water company.
G. 
At least 50% of a tract must remain as open land as defined in the Township's Zoning Ordinance.[4]
[4]
Editor's Note: See Ch. 255, Zoning.
H. 
Allowable uses/standards for the open land shall be:
(1) 
Agricultural uses on a minimum ten-acre lot.
(2) 
The conservation of water, soil, forest, and wildlife resources areas for potable well water use and areas for treatment/disposal of wastewater discharges. Protection easements with required separation distances as required by PADEP shall be provided for water wells and wastewater discharge areas.
(3) 
Conservation of open land in a natural state (for example, woodland, fallow field, or managed meadow).
(4) 
An estate lot for one single-family dwelling. The lot shall be restricted from further subdivision by permanent deed restriction. An estate lot of 10 acres or more is entitled to accessory uses and additional uses by right as set forth in the Township's Agriculture Zoning Ordinance.[5]
[5]
Editor's Note: See Ch. 255, Zoning, Art. III, Agricultural District.
(5) 
Noncommercial recreation areas, provided such areas do not consume more than half of the minimum required open land or five acres, whichever is less. Playing fields, playgrounds, and courts shall be set back at least 100 feet from property lines. Based upon review by the Planning Commission and approval by the Board of Supervisors, parking facilities for the same shall also be permitted, and they shall generally be gravel surfaced, unlighted, and properly drained, and provide safe ingress and egress, and contain no more than 10 parking spaces.
(6) 
Stormwater management areas.
(7) 
Neighborhood open land uses, such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational and/or environmental education uses, specifically excluding motorized off-road vehicles, firearm ranges, and other uses similar in character and potential impact as determined by the Township Board of Supervisors.
(8) 
Silviculture, in keeping with established standards for selective harvesting and sustained-yield forestry.
(9) 
Floodplains, wetlands, and steep slopes are not to be impacted by clearing, grading, filling, and construction except for essential infrastructure that cannot be located elsewhere.
(10) 
Woodlands, healthy trees, hedgerows, shelterbelts, fields and orchards should be preserved to create buffer areas to increase visual diversity and to minimize conflicts between agricultural and residential uses.
(11) 
Development on open fields should be located near any existing woodlands or hedgerows and, where feasible, on the least prime agricultural lands.
(12) 
An upland buffer of natural vegetation a minimum of 100 feet from any stream, wetland or surface waters shall be preserved or created if not already in existence.
(13) 
Disturbance to existing hedgerows, woodlands and tree lines shall be minimized.
(14) 
Wildlife habitat areas as identified in the Centre County Natural Heritage Inventory shall be protected.
(15) 
Historic, archeological and cultural sites identified in the Historic Resources of the Centre Region Report by the Pennsylvania Historic and Museum Commission.
(16) 
Common areas and streetscapes shall be landscaped with native vegetation.
(17) 
Pedestrian circulation in the form of developed trails or informal paths shall be provided throughout the tract.
(18) 
These trails shall have the ability to establish a system so that future linkages can be made.
(19) 
If the trails are designated for public use, they may be applied toward the parkland requirement and must be noted on the recorded plan accordingly.
(20) 
Required open land shall be designed to be contiguous with adjacent agricultural, open land, and other natural areas in accordance with the Comprehensive Plan, Township objectives for rural preservation developments, including applicable park and recreation plans, and in order to maintain natural corridors for the movement and migration of wildlife throughout the development.
I. 
At the time an application is made to the Township for preliminary plan approval, the applicant shall supply a written agreement to the Township, in a manner and form acceptable for recording by the Recorder of Deeds, Centre County, Pennsylvania, stipulating the means by which said open land shall be preserved according to the following provisions or other acceptable provisions that create a permanent conservation easement. All open land shall be permanently restricted from future subdivision or development and shall be limited to the uses allowed in this chapter, in perpetuity. Ownership of the open land is limited to one or a combination of the following:
(1) 
Conservancy lot ownership restricted from further subdivision by permanent deed restriction; or
(2) 
Establishment of a corporate ownership of the open land by a homeowners' association, condominium association, planned community association or an NFP of the developed portion of the tract; any interest in the open land shall be incorporated and shall be subject to all of the provisions regulating associations as set forth in state regulations. In addition, the following regulations shall be met:
(a) 
The applicant shall provide the municipality a description of the organization of the proposed homeowners' association, condominium association, planned community association or an NFP, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities.
(b) 
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
(c) 
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title.
(d) 
The association shall be responsible for maintenance and insurance of common facilities.
(e) 
The bylaws shall confer legal authority on the association to place a lien on any member who falls delinquent in his dues. Such dues, along with the accrued interest, shall be paid before the lien may be lifted.
(f) 
Written notice of any proposed transfer of common facilities must be given to all members of the association and to the municipality no less than 30 days prior to such event.
(g) 
The association shall provide a plan outlining the administration, maintenance, layout and operation of such common facilities; or
(h) 
The final agreement governing management of open land shall be recorded prior to final subdivision recordation.
(3) 
Disposition of such land to a private or nonprofit corporation chartered under the laws of Pennsylvania to administer and maintain facilities subject to an acceptable deed restriction limiting eventual disposition of said open land for one or more of the uses permitted in Article IV, § 215-24H(1) through (3), of Chapter 215, Subdivision and Land Development, and stated in the articles of incorporation. Maintenance and other responsibilities for land reserved as open land intended to remain in private ownership shall be set forth in an agreement between the owners, or where land is to be retained by a single owner, shall be set forth in a formal, written document which shall be binding upon the owner(s). Any such disposition shall be referenced by note on the subdivision plan and recorded with Centre County; or
(4) 
Dedication to the Township or other public entity, if the Township Board of Supervisors determines that such dedication is in the best interests of the Township and if the conditions of the dedication are acceptable to the developer.
J. 
Maintenance of rural preservation open land.
(1) 
At the time of preliminary plan submission, the applicant shall provide a plan for maintenance of open lands and operation of common facilities in accordance with the following requirements.
(a) 
The plan shall define ownership;
(b) 
The plan shall establish the necessary regular and periodic operation and maintenance responsibilities for the various kinds of open land (i.e., lawns, playing fields, meadows, pastures, cropland, woodlands, etc.). Most land maintained in a natural state will require minimal maintenance and associated costs;
(c) 
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open land and operation of common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;
(d) 
At the municipality's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year; and
(e) 
Any changes to the maintenance plan shall be approved by the Township Board of Supervisors.
(2) 
In the event that the organization established to maintain the open lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the municipality may assume responsibility for maintenance. Designated representatives of the municipality may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, homeowners' association, conservation organization, or individual property owners who make up a homeowners' association and may include administrative costs and penalties. At the municipality's election, such costs shall become a lien on said properties. Notice of such lien shall be filed by the municipality in the office of the Prothonotary of the County. The municipality shall also be authorized to bring an action at law to recover the reasonable costs of said maintenance, including the right to obtain reasonable counsel fees and costs.
In any new development proposed after the adoption of this section, water supply requirements for developments served by community water systems shall be as follows:
A. 
Fire hydrants shall be provided in accordance with this section for the protection of buildings or portions of buildings.
B. 
Fire hydrants shall be provided along required fire apparatus access roads and adjacent to public and private streets along the route of travel for fire apparatus.
C. 
Existing fire hydrants on public streets may be considered available. Existing fire hydrants on adjacent private properties shall not be considered available.
D. 
The minimum fire flow requirements for developments of one-family and duplex dwellings shall be as mandated or as recommended by the applicable fire code. In the event the fire code does not address the minimum fire flow requirements, then the minimum fire flow requirements shall be as follows:
(1) 
Five hundred gallons per minute for developments having the following setback requirements:
(a) 
Thirty-foot front setback;
(b) 
Fifteen-foot side setback;
(c) 
Fifteen-foot rear setback;
(d) 
Building separations of 30 feet or greater.
(2) 
Seven hundred fifty gallons per minute for developments having the following setback requirements:
(a) 
Fifteen-foot front setback;
(b) 
Fifteen-foot side setback;
(c) 
Fifteen-foot rear setback;
(d) 
Building separations of less than 30 feet.
E. 
The applicant shall obtain and provide accurate and complete hydrant fire flow rates for all hydrants that are identified as available to the development for fire protection.
F. 
The minimum fire flow requirements for developments other than one-family and duplex dwelling units shall be determined using the needed fire flow method described in the "Fire Suppression Rating Schedule" published by the Insurance Services Office, Inc. (ISO).
G. 
The spacing between fire hydrants shall not exceed 1,000 feet as measured along the center line of fire apparatus access roads in developments of one-family and duplex dwellings and shall not exceed 600 feet for any other type of development as measured along the center line of fire apparatus access roads.
H. 
If the needed fire flow is not provided in developments served by a community water system, all structures shall be provided with either an approved automatic fire sprinkler system installed in accordance with applicable NFPA standard, or an approved water storage system and/or underground storage tank.
I. 
The minimum water supply requirements for developments other than one-family and duplex dwelling units shall be determined using NFPA Standard 1142, Water Supplies for Suburban and Rural Fire Fighting.
J. 
In the event a developer provides for a water storage system and/or underground storage tank to satisfy the fire protection requirements of this chapter, the landowner served by such system or tank shall be responsible to have the system or tank inspected on an annual basis to assure its soundness and functionality, and the report of that inspection shall be furnished to the Township.
A. 
The minimum water supply requirements for developments of one-family and duplex dwellings shall be an approved 4,000-gallon water storage source (tank) located along required fire apparatus access roads or public streets.
(1) 
The spacing between the 4,000-gallon water storage source shall not exceed 1,000 feet as measured along the center line of fire apparatus access roads.
(2) 
The distance from any building lot line to a 4,000-gallon water storage source shall not exceed 750 feet as measured along the center line of fire apparatus access roads.
B. 
The minimum water supply requirements for developments other than one-family and duplex dwelling units shall be determined using NFPA Standard 1142, Water Supplies for Suburban and Rural Fire Fighting.
C. 
If needed water supply is not provided in a development outside of the community water system area, all structures shall be provided with either an approved automatic fire sprinkler system installed in accordance with the applicable NFPA standard, or an approved water storage system and/or underground storage tank.
D. 
The applicant shall obtain and provide accurate and complete hydrant fire flow rates for all hydrants that are identified as available to the development for fire protection.
E. 
In the event a developer provides for a water storage system and/or underground storage tank to satisfy the fire protection requirements of this chapter, the landowner served by such system or tank shall be responsible to have the system or tank inspected on an annual basis to assure its soundness and functionality, and the report of that inspection shall be furnished to the Township.
A. 
Facilities, buildings, or portions of buildings hereafter constructed in a subdivision or land development, approved after the effective date of this section, shall be accessible to Fire Department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.
B. 
A waiver may grant an exception to the requirements of Subsection A only if applied for, in writing, at time of plan submission to the Township by the applicant. In the event that a waiver is applied for, the Municipal Planning Commission must give its approval of said waiver, and the Board of Supervisors must also approve the waiver for all private roads or driveways that serve four or fewer one-family and duplex dwelling units. No waiver or exception may be granted or issued for any other type of subdivision or land development under this section.
A. 
Purpose and scope. It is the intent of this section to ensure that all applicable zoning and development standards of Halfmoon Township are incorporated into the design and construction of condominiums so that the results of this type of development are essentially the same as the results which would be accomplished under other methods.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated in this chapter:
CONDOMINIUM PROJECT
A plan or project consisting of not less than two condominium units.
CONDOMINIUM UNIT
That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, recreational use as a timeshare unit, or any other type of use.
C. 
Subdivision regulations. For condominium projects, each condominium unit and its associated limited common elements are considered equivalent to a lot and must meet any applicable requirements related to lots in this chapter.