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.
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.
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.
(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.
(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.
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.
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.
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)
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:
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.
CONDOMINIUM PROJECT
CONDOMINIUM UNIT
Definitions. As used in this section, the following terms shall have
the meanings indicated in this chapter:
A plan or project consisting of not less than two condominium
units.
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.
