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.
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;
[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, and Act 153 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.
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.
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.
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) 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.